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l944 CONGRESSIONAL RECORD-SENATE 6141 tleman from Massachusetts that the for certain Regular Establishment veterans Father of all, whose righteous laws go over until Monday. and veterans of wars prior to World War No. condemn and at last break whatsoever 1; with amendment (Rept. No. 1677). Re­ The SPEAKER. If the gentleman says ferred to the Committee of the Whole House bars Thy children from abundant life. that he objected, the Chair accepts it, of on the state of the Union. we thank Thee for the legions of the un­ course. coerced who, making tyranny tremble, in Thy name are marching to blast a INTERIOR DEPARTMENT APPROPRIATION PUBLIC BILLS ANlt> RESOLUTIONS way for all Thy children to escape tribu­ BILL, 1945 Under clause 3 of rule XXII; public lation. They march to build a highway Mr. JOHNSON of Oklahoma. Mr. bills arid resolutions were introduced and to a realm and a reign of peace and good Speaker, I a·sk unanimous consent that severally referred as follows: will, to a kingdom of human rights where I may have until midnight tonight to file By Mr. McMILLAN: mouths shall not cry for bJ ead, where a conference report and statement on the H. R. 5046. A bill to permit the Metro­ hands and feet shall not be shackled, bill (H. R. 4679) making appropriations politan Police Force of the District of Co­ where speech shall not be silenced, for the Department of the Interior for lumbia to obtain certain information from where eyes shall not be bandaged, where the fiscal year ending June 30, 1945, and the War Manpower Commission ·and the minds shall not be darkened, and learn­ for other purposes. Employment Service; to the Committee on the District of Columbia. ing shall not be distorted by lies which The SPEAKER. Is there objection? H. R. 5047. A bill to amend the United hide the light of truth. l'here was no objection. States Employees' Compensation Act of Sep­ Humble our spirits by the revelation of ADJOURNMENT tember 7, 1916, so as to permit an award the dark pit from which mankind is of compensation for death, and payment of being rescued at so great a cost. Saved Mr. McCORMACK. Mr. Speaker, I burial expenses, without regard to the lapse from such a hell make us not content move that the House do now adjourn. of time between the injury and death; to with things as they are and have been The motion was agreed to; accordingly the Committee on the Judiciary. as we strive to bring in a new heaven (at 5 o'clock and 48 minutes p. m.) the· and a new earth. We sePk not the salva~ House adjommed until Monday, June PRIVATE BILLS AND RESOLUTIONS tion which will leave us unchanged, for 19, 1944, at 12 o'clock noon. Under clause 1 of rule XXII, private we have missed the mark and come short bills and resolutions were introduced and of the glory. Save us from the fatal folly COMMITTEE HEARINGS severally referred as follows: of being unwilling to pay the price of ~OMMITI'EE ON IMMIGRATION AND By Mr. BUFFETT: better things. Destroying the worst / . NATURALIZATION H. R. 5048. A bill for the relief of the es­ things and dreaming of the better The Committee on Immigration and tate of Cecile H. Burgett, deceased; to the things in these days of agony and an­ Naturalization will meet on Wednesday, Committee on Claims. guish, treading the wine press of sor­ ·June 21, 1944, t 10:30 a. m., on all reso­ By Mr. McCORD: row and sacrifice, even though we walk H. R. 5049. A bill for the relief of Walter S. through the valley of the shadow of lutions providing for temporary admis­ Faulkner; to the Committee on Claims. death fearing no evil may Thy rod and sion of political and religious refugees. By Mr. McGEHEE: Thy staff comfort us. Amen. "' H. R. 5050. A bill for the relief of Sam D. Moak; to the Committee on Claims. THE JOURNAL REPORTS OF COMMITTEES ON PUBLIC H. R. 5051. A bill for the relief of Clifton L. BILLS AND RESOLU'l;'IONS Holmes; to the Committee on Claims. On request of Mr. BARKLEY, and by Under clause 2 of rule XIII, reports of By Mr. McMILLAN: unanimous consent, the reading of the committees w·ere delivered to the Clerk H . R. 5052. A bill for. the relief of Elisha Journal of the proceedings of the calen­ for printing and reference to the proper Mack Rabon, Mrs. E. S. Gasque, and Dottie dar day Friday, June 16, 1944, was dis­ calendar, as follows: Elaine Gasque; to the Committee on Claims. pensed with, and the Journal was ap­ By Mr. VURSELL: proved. Mr. McGEHEE: Committee on Claims. H. R. 5053. A bill for the relief of Mrs. Maud S. 1881. A bill to provide for reimbursement M. Wright and Mrs. Maxine Mills; to the MESSAGES FROM THE PRESIDENT­ of certain Navy personnel and former Navy Committee on Claims. APPROVAL OF BILLS personnel for personal property lost or dam­ By Mr. WASIELEWSKI: Messages in writing from the President aged as the result of fire at the naval ad­ H. R. 5054. A bill for the relief of Paul vance base depot, Port Hueneme, Calif., on Stanik; to the Committee on Claims. of the United States were communi­ January 12, 1944; without amendment (Rept. cated to the Senate by Mr. Miller, one No. 1672). Referred to the Committee of of his secretaries, and he announced the Whole House on the state of the Union. PETITIONS, ETC. that the President had approved and Mr. BELL: Committee on Insular Affairs. Under clause 1 of rule XXII, petitions signed the following acts: H. R. 5029. A bill to assist in the internal de­ and papers were laid on the Clerk's desk velopment of the Virgin Islands by the un­ On June 15, 1944: dertaking of useful projects therein, and for and referred as follows: S. 1281. An act for the relief of Rebecca A. other purposes; without amendment (Rept. 5868. By Mr. HART: New Jersey State Sen­ Knight and Martha A. Christian; and No. 1673). Referred to the Committee of the ate resolution proposing amendment to the S. 1849. An act for the relief of Muskingum Whole House on the state of the Union. Constitution of the United States relative to Watershed Conserva.ncy District. · Mr. BATES of Massachusetts: Committee taxes on incomes, inheritances, and gifts; to On June 17, 1944: on Naval Affairs. H. R. 4405. A bill to amend the Committee on the Judiciary. S. 1416. An act for the relief of Mrs. Judith the act approved March 7, 1942 (Public Law 5869. By Mr. ROLPH: Resolution No. 2 of H. Sedler, administratrix of the estate of 490, 77th Cong.), as amended, ·so as to more the California Senate, relative to release of Anthony F. Sedler, deceased; and specifically provide for pay, allotments, and trucks for sale to farmers; to the Committee S. 1682. An act to provide for the payment administration pertaining to war casualties, o:p. Agriculture. of compe:Psation to certain claimants for and for other purposes; with amendment 5870. Also, resolution No. 3 of the Califor­ the taking by the United States of private (Rept. No. 1674). Referred to the Committee nia Senate relative to the production of fishery rights in Pearl Harbor, island of of the Whole House on the state of the Union. commercial blue poppies; to the Committee Oahu, Territory of Hawaii. on Agriculture. Mr. HEBERT: Committee on Naval Affairs. MESSAGE FROM THE HOUSE H. R. 4991. A bill to remove restrictions on transfers of small craft to other Amer­ A message from the House of Repre­ ican republics in furtherance of the war ef­ sentatives, by Mr. Maurer, one of its fort; with amendment (Rept. No. 1675). Re­ SENATE reading clerks, announced that the House ferred to the Committee of the Whole House R. on the state of the Union. had passed a bill

6148 ·coNGRESSIONAL RECORD-SENATE JUNE 19 WANTED: 3,000,000 JOBS-ARTICLE BY making appropriations for the legislative You probably are aware that the commit­ REX L. NICHOLSON branch and for the judiciary for the fiscal tee's representative assigned to the Charles­ year ending June 30, 1945, and for other ton area, Mr. J. Clark Johnstone, has ren­ (Mr. MURDOCK (for Mr. McCARRAN) purposes, and concur therein. dered very helpful services and the board of asked and obtained leave to have printed in That the House recede from its disagree­ directors at our last regular meeting unani­ the RECORD an article entitled "Wanted: ment to the amendment of the Senate num­ 3,000,000 Jobs," written by Rex L. Nicholson, mously recommended that sufficient funds be managing director, Builders of the West, bered 35 to said Llll, and concur therein with allocated to this committee to continue the an amendment, as follows: In lieu of the work as long as the need exists. Inc., of San Francisco, which appears in the sum inserted by said amendment insert Cordially yours, Appendix.] "$563,500." J. DOUGAL BISSELL, IRRIGATION AND NAVIGATION IN THE That the House insist upon its disagree­ President. MISSOURI RIVER BASIN-EDITORIAL ment to the amendment of the Senate num­ APPROPRIATIONS FOR WAR AGENCIES FROM ST. LOUIS GLOBE-DEMOCRAT bered 34 to said bill. The Senate resumed the consideration [Mr. TRUMAN asked and obtained leave to Mr. TYDINGS. Mr. President, I move have printed ,in the RECORD an editorial en­ that the Serrate concur in the amend­ of the bill

• "6166 'CONGRESSIONAL RECORD_:SENATE JUNE 19 of the Senator "from New York. I may and. a number of laws enacted by Con­ Service Act, the training of defense workers, say I am quite in accord with the gen­ gress, attributed .to those articles, other the building of public works necessary to the eral purpose of providing equality of op­ defense program, and the Cadet Nurse ,Corps than the fourteenth amendment. for Government and civilian hospital service. portunity to work and equality of em­ Mr. RUSSELL. 1 shall be very happy Othe·r Government agencies have likewise ployment. I shall not go into the matter to ·read it. adopted principles apd practices of nondis­ of the legality of tne particular agency The PRESIDING OFFICER. Is there crimination. The National War Labor Board here involved. I wish to ask the Senator objection? . . a year ago announced in the Southport Pe­ for information. I am very much con­ There being no objection, the memo­ troleum Co. case the principle of "equal pay cerned with this point,. and should like randum was ordered to be printed in.the for equal work.''. It directed the elimination · to obtain any enlightenment on it which REcORD, as follows: of a colored wage rate which was lower the Senator can provide or any explana­ than the white race for identical work. CONSTITUTIONALITY OF F. E. P. C." On several occasions the Supreme Court tion of it .. Is not the agency one which It has been claimed that it has no standing has spoken out against discrimination. tn has no limitation whatsoever on its in our form of Government, because it is New Negro Alliance v. The Sanitary Grocery power? Is it not an agency which may merely the product of the pen of the Presi­ Co., Mr. Justice Roberts, speaking for the act without restraint upon the subject dent of the United States, who has no power Court, said: matter involved? to legislate. "The desire for fair and equitable condi­ For instance, in the testimony given by To understand the creation of this agency, tions of employment on the part of persons of Mr. Ross, I notice that he was asked the it is necessary to go back to 1940, when we any race, color, or persuasion, and the re­ following question: began to change our economy from a peace­ moval of discrimination against them by time to a wartiine arsenal. Negroes were reason of their race or religious beliefs ts You have decided, so far as your agency was denied the right to make the munitions of qUite as important to those concerued as concerned. that you do have the power to set war, while at the same 'time they were being fairness and equity in terms and conditions aside existing agreements between employers drafted to fight for our country. As late as of employm·ent can be to trade or craft and labor unions. 1942, Negroes constituted only 3 percent of unions or any form of labor organization or The answer was "Yes." the employees in war production. This was association. Race discrimination by an em­ the result of a long history of exclusion of ployer may reasonably be deemed more un­ Does that mean that after a labor Negroes from the production lines of indus­ fair and less excusable than discrimination union and an employer have entered try. against workers on the ground of union aflill­ into an agreement of employment, and Faced with the dire necessity of using atlon." have fixed the terms of employment, if in every ava.ilable man to produce the weapons And in Hirabayashi against the Cnited the contract there is something which of war, and with the continued practice of States, Chief Justice Stone stated: this agency feels is not right or, in its exclusion of Negroes in vital industries in the '~Distinctions between citizens solely be­ judgment, is not fair, the agency may, Nation, the President, on June 26, 1941, cause of their ancestry are by their very na· without restraint, interfere, and may created a Committee on Fair Employment ture odious to a free people whose institu­ terminate the contract? I find that the ·Practice in order to insure the maximum tions are founded upon the doctrine of utilization in war industries and in

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1944 CONGRESSIONAL RECORD-SENATE 6167 tract, at least when such terms and condi­ ment by Congress of the First War Powers any other governmental agency to obey tions are reasonable. Act. It is to be noted from the language any recommendation of the F. E. P. C. to In time of war and of labor shortage, the above that in passing the First War Powers powers of the President, not only as Chief Act, Congress recognized the existence of withhold contracts, priorities, and so Executive but as Commander in Chief of the executive agencies. Moreover, the language forth, from any private person. That is Army and the Navy of the United States above quoted indicates that Congress recog­ my understanding. (Constitution, art. II, sec. :&, clause 1), nized the-existence of executive agencies with I wish to quote further: • would seem to emphasize the President's functions, duties, and powers which had not The F. E. P. C. has no enforcement power. power and to reaffirm the reasonableness of been conferred by congressional act. The War Its findings and directives are merely ad· his direction in the present instance. Powers Act speaks of the "redistribution of visory, and the Pres!dent's actions or non­ Nor is it any less certain that the Presi­ functions among executive agencies • • • actions stem from his own constitutional dent, as Chief Executive, may instruct the including any functions, duties, and powers powers as President and Commander in Chief proper departments and agencies of the Gov­ hitherto by law conferred." and not from any alleged power under the ~ ernment to assure that training and voca­ No questiQn was raised when the First War provisions o:f Executive Order No. 9346. tional programs shall be administered with­ Powers Act was enacted as to the authority out discrimination because of race, creed, of the President to create F. E. P. C. or any Mr. REVERCOMB. Mr. President, let color, or national origin. In time of war of the other executive agencies which existed me inquire from what the Senator is his power to do this becomes even more at that time. On the contrary, their exist­ reading. · obvious and his direction to prevent such ence was recognized and the ·President was Mr. MEAD. I am reading from 'infor• discrimination, more reasonable. expressly authorized to redistribute their mation gathered from the statements As to the formation of the Committee on functions. It is clear from the above that the attack made by members of the board of the Fair Employment Practice and the enumera­ F. E. P. C., by Members of Congress, and tion of its functions, it would seem manifest now being made on F. E. P. C. as distin­ that in time of peace the President, as Chief guished from other executive agencies is not by others at the hearings before the House Executive, would be empowered to establish based upon the belief that the President had and Senate committees. If the Senator such a committee. The Committee is not a no power to create F. E. P. C.; rather it is will read the hearings and' the congres· contracting agency of the Government. Its based upon the fact that F. E. P. c. function sional debates he will find that on several duties are investigatory and advisory. In is objectionable to those who would destroy occasions it has been stated that the pun:uance of the policy declared by the Pres­ it. Committee's power· is advisory and con• ident, it makes recommendations to achieve I! the argument is sol:lnd that the Presi­ dent had no power to create F. E. P. c. it · sultative, and that it has no power under the purposes of the order. It· is difficult to the Executive order to force any Govern· perceive wherein the President can be said should be advanced against all other Execu­ to have transcended his power as Chief Ex­ tive order agencies. ment agency to obey any recommenda· ecutive by providing that such investiga­ Only a few days· ago the Senate approved tions made by it to withhold from any tions, declarations of policy, and recommen­ a huge appropriation for the War Manpower private person contracts, priorities, and dations shall be carried on for him by the Commission. This agency was likewise cre­ ·so forth. The authority exercised stems Committee on Fair Employment Practice. ated by Executive order (No. 9139, of April 18, 1943). It concerns itself with the maximum from the authority of the Chief Execu­ The cas~ of Myers v. United States clearly utilization of manpower. Like the F. E. P. C., tive, the Commander in Chief, to whom recognizes that the President may delegate it seeks to eliminate discrimination in em­ F. E. P. C. cases are finally referred, if his administrative powers (272 U.S. 52, 117): ployment based upon race, creed, color, or na­ they progress that far. But in all the "The vesting of the Executive power in the tional origin. It has no specific statutory history of the F. E. P: C. only two cases President was essentially a grant of the power authority. Unlil{e F. E. P. C., it has vast co­ have ever reached the President of the to execute the laws. But the President alone ercive powers. It can shut off an employer's United States. and unaided could not execute the laws. labor supply, it can require him to -hire He must execute them by the assistance of solely through the United States Employ­ Mr. REVERCOMB. Mr. Presidentt subordinates. This view has since been re­ ment Service, it can forbid a man from work­ will the Senator yield further? peatedly affirmed by this Court (Wilcox v. ing in essential industry unless-he complies Mr. MEAD. Yes; I am glad to yield. • Jackson, 13 Peters 498, 513; United States v. with its regulations. Mr. REVERCOMB. I take it that the Eliason, 16 Peters 291, 302; Williams v. There are other agencies in this very war Senator is reading from a summary or a United States, 1 How. 290, 297; Cunningham agencies appropriation bill which have • no v. Neagle, 135 U. S. 1, 63; Russell Co. v. more statutory authority than the F. E. P. C. resum5 which he has made from the United States, 261 U. S. 514, 523). As he is In fact, 13 of the 17 agencies were created by testimony in this case. However, I wish charged specifically to take care that they Executive order. Some of these agencies exert to direct the Senator's attention to page be faithfully executed, the reasonable im­ rights over American citizens. Among these 178 of the hearings before the Senate plication, even i~ the absence of express agencies are the Coordinator of Inter-Ameri­ subcommittee of the Committee on Ap· ' words, was that as part of his Executive power can Affairs, the 04tice of Civilian Defense, the propriations. At that hearing the fol· he should select those who were to act for Central Administrative Services, the Petro­ lowing question was addressed-! have him under his direction in the execution of leum Administration for War, the Office of the laws." Defense Transportation, the Office of War previously referred to this matter, but I When the powers of the President as Com­ Information, the Office of War Mobilization, wish to ask the Senator about it again­ mander in Chief are added to those of Chief the . to Mr. Ross, who is a member of this Executive, and when the function of investi­ Committee: gation by the Committee on Fair Employ­ Mr. BILBO. Mr. President, will the You have decided, so far as your agency ment Practice is that of encouraging the full­ Senator yield to me? was concerned, that .you do have the power est utilization of the Nation's manpower for Mr. MEAD. I am pleased to yield. to set aside existing agreements between em· the successful prosecution of the war, it is Mr. BILBO. Does the Senator object ployers and labor unions. further difficult to perceive wherein this ac­ to stating the name of the author of the tivity constitutes an unconstitutional exer­ memorandum? His answer was "Yes." cise or delegation of powers by the President. In the face of that statement, which is The argument that the item appropriating Mr. MEAD. No; this is my own, gath­ ered from the testimony, the hearings, a statement from a member of the Com­ $500,000 to the F. E. P. C. should be stricken mittee.himself, that he has the power to from the war agencies appropriation bill be­ and the record thus far established with cause the President had no authority to create reference to this legislation. set aside agreements-- F. E. P. C. should be examined in the light Mr. President, under the terms of the Mr. RUSSELL. Mr. President, he is the of the language of the First War Powers Act, Executive order it is prescribed: • Chairm&.n of the Committee, and is the enacted by Congress December 18, 1941. Title The Committee shall formulate policies to only full-time member. 1 of that act, among other things, authorizes Mr. REVERCOMB. In the face of that the President "to make such redistribution achieve the purposes of this order and shall of functions among executive agencies as he make recommendations to the various F'ederal statement, how can it be said that he may deem necessary, including any functions, departments and agencies and to the Presi­ does not have that power, when he has duties, and powers hitherto by law conferred dent which it deems necessary and proper to said he does have it? upon any executive department, commission, make effective the provisions of this order. I am asking for information, in order to bureau, agency, governmental corporation,. In fact, any of the recommendations be enlightened on this subject. office, or officer, in such manner as in his made by the F. E. P. C. to other agencies Mr. MEAD. I have not had an oppor· judgment shall seem best fitted to carry out tunity at this moment to read the testi­ the purposes of this title (sees. 601-605 of this are merely advisory. Its recommenda­ appendix), and to this end is authorized to tions may or may not be followed by the mony which preceded the statement just make such orders as he may deem necessary." other Government agencies, and there is quoted or the statements which followed was issued by the no authority in Executive Order 9346 or it, but I am sure it was a part of the hear· President June 25, 1941, prior to the enact- in any law or statute which could. force ings anct' I take it for granted that the 6168 CON.GRESSIONAL _RECORD-S;ENATE JUNE 19 statement was made by the Chairman of I may say that the House committee, involved, or with the President, then the the Committee, but if the able Senator · before which the statement referred to agencies, or the President, or the labor will read the Executive order he will find was made, was perfectly satisfied with organizations, or the industry itself, find­ that the Committee does not have the au­ the record which.had been made by the ing that some error has resulted from a thority which is expressed by the Chair­ F. E. P. C. Particularly did it single out policy which was invoked, makes cor­ man in that particular instance, and I re­ the Chairman of the Committee on Fair rection and the Committee acts in an iterate that, to my satisfaction, the record Employment Practices for commenda­ advisory and consultative capacity. indicates such to be the case. On appeal tion. As arguments are found in the Mr. BUSHFIELD. Mr. President, will to the President by the F. E. P. C., the record against the stand which I am tak­ the Senator yield? President may, under the law, exercise ing, I find reasons sustaining my posi­ Mr. MEAD. Mr. President, I wish his authority, which is only his authority, tion from what the House Appropriations further to reply by again quoting from and which is not the authority of the Committee collectively said after all the the debates and hearings held in the Committee 'itself. · testimony was in from all the witnesses House. I am perfectly satisfied that my Mr. REVERCOMB. Mr President, will for and against the appropriation. Allow distinguished colleague may have in the Senator further yield? me to quote it. mind that this agency has power or it Mr, MEAD. Yes; I am glad to yield. The Appropriations Committee, in re­ has no power. I am merely making the Mr. REVERCOMB. Upon the same porting the national war agencies bill for point that from reading the record I subject, I have before me, on page 549 of 1945 commented on the testimony of believe the agency has persuasive power. the hearings before the House subcom­ Chairman Malcolm Ross, and added:· It is of a consultative advisory nature. mittee of the Appropriations Committee, The record is a clear, fair, dispassionate I believe that in this emergency the an order or statement issued by the discussion of a democratic policy of national President had a right to establish this agency itself. It says: scope and importance that deserves the Committee, and I cannot find it in my earnest perusal and consideration of the heart to vote against the F. E. P. C. The obligation to include the nondiscrimi­ House. after I voted for 15 other wartime nation clause exists even though the con­ tract involves nonwar activity. That is taken from the report of the agencies without a murmur. House Appropriations Committee when it Mr. BUSHFIELD. Mr. President. will It was my understanding that this was reported the bill. the Senator yield. an agency established by the President Mr. BUSHFIELD. Mr. President, will Mr. MEAD. And so, Mr. President, as as a war measure for the duration of the Senator yield? a foe of discrimination because of race, the war, dealing with war emergencies, Mr. MEAD. Yes; I yield. creed, or color, and as one who has as a part of his office. If that be so, then Mr. BUSHFIELD. A short while ago offered such amendments here on the how can that agency assume unto itself I understood the distinguished Senator floor in the matter of civil-service legis­ the power to issue an order of the kind from New York to say that there was no lation, I cannot allow this debate to which has been discussed here, and go power within the Committee to do some pass without registering my approval of into every contract in which the Govern­ of the things which it has been alleged this appropriation, and my commenda­ ment may be interested, involving even the Committee has done, and I wish to tion for the good work accomplished thus the leasing of grazing land in the West? invite his attention to paragraph 4 of the far by the Committee. How can the Committee assume unto President's order on page 524 of the Mr. BUSHFIELD. Mr. President, will itself the power to issue orders dealing printed hearings, part II. -It states as the Senator yield? with all kinds of contracts? follows: Mr. MEAD. I yield. Mr. BUSHFIELD. I believe that we I may say to the able Senator from The Committee shall formulate policies to New York that the purpose of the pro­ achieve the purposes of this order and shall are all in accord with the Senator from vision may be a very good one. I believe make recommendations to the various Fed­ New York in our opposition to discrimi­ that an employer is foolish and wrong eral department~ and agencies and to the nation along th.e lines which have been if he discriminates on account of race President which it deems necessary and suggested. I am bringing up the ques­ or creed. But shall we finance an proper to make effective the provisions of tion of whether the President had or this order. The CommitteE' shall also recom­ did not have the power which it is agency which assumes powers of the mend to the Chairman of the War Manpower kind under discussion, with which, ap­ claimed he had. I ask the Senator only Commission appropriate measures for bring­ to define for me, if he can, or will, the parently, it was never lawfully endowed? ing about the full utilization and training How far will it be permitted to go .with­ of manpower in and for war production words "take appropriate steps to bring ' out restriction? without discrimination because of race, creed, compliance with its orders." color, or national origin. Mr. MEAD. The language means to Instead of the agency being one to take the matter up as a consultative or establish fair relations between persons, That is the language of paragraph 4. mediation group with the parties in in­ the danger is that without limitation of I now read paragraph 5: terest, with the agencies of Government, its authority it may seize power to act The Committee shall receive and investi­ and with ·the President · of the United unfairly. Apparently the Committee gate complaints of discrimination forbidden States. That is my answer. has already done so, because its Chair­ by this order. It may conduct hearings, Mr. McCLELLAN, M.r. REVERCOMB, man has said that it has the right to make findings of fact, and take appropriate and Mr. WHERRY addressed the Chair. · terminate, if you please, a contract steps to obtain elimination of such discrimi­ nation. The PRESIDING OFFICER. Does the entered into between an employer and Senator from New York yield; and if a union of employees. That is going If the Committee does not have the so, to whom? , pretty far. · Why cannot the whole ob­ power to take steps necessary to elimi­ Mr. MEAD. I yield for a brief ques­ jective be attained by the passage of a nate the conditions which the Committee tion. I trust, however, in view of the proper law containing proper restric­ calls unfair labor practices, how can fact that I hope to complete my state­ tions? Why must we consent to giving the distingu~, shed Senator say that un­ ment shortly that Senators will not read carte blanche power without restric­ der this order there is no power for the extensively from the record. I have al­ tions to an agency upon any subject?·. Committee b do anything? ready read from the hearings and the I ask the question in order to be advised. Mr. MEAD. Mr. President, I have debates in the House, and I am perfectly Mr. MEAD. Mr. President, I shall already said, and I repeat, that the satisfied with the record that has been hurry on becausE> I had intended to con­ Committee's · powers are advisory and made. I merely state my views for the clude my remarks before now. I will consultative. The Committee considers information of my colleagues. But they admit that the Chairman of the Commit­ complaints and takes them up with the are my views, and I know that there are tee made the state'ment to which the agencies involved. As a last resort, it Members of the Senate who are funda­ Senator from West Virginia has referred; takes them up with the President. In mentally opposed to this agency, and but I will not admit that the Committee all cases but two, some determination they will vote against it while I shall has gone so far as one might be led to was arrived at without referring the continue to support it. believe from the observations which my matters to the President. After the com­ I know that there are others who are distinguished colleague from West Vir­ plaints are considered, taken up with opposed to the setting up of agencies ginia has made. the agencies of Government which are by PresidenUal directive.,. but I hope, in 1944 CON.GRESSIONAL RECORD-SENATE 6169 view of the fact that many of my col­ mend anyone to hire Negroes or other shall make recommendations to the various leagues have voted for other agencies, minority group of citizens unless a par­ Federal departments and agencies and to . that I may convince them they ought ticular person or group of persons .have the President which it deems necessary and proper to make effective the provisions of not to single this one out and make it been aggrieved l:y discriminatory treat­ this order. an exception to the rule. I now yield ment and the parties charged are asked to my distinguished colleague from West to hire or place on a preferential list It has been stated several times on the Virginia for a question. the qualified complainant. It imposes floor of the Senate that sanctiPns were Mr. REVERCOMB. I thank the Sena­ no quotas, and has no jurisdiction over used and that the Committee withheld tor from New York for the- very able allegedly discriminatory practices in ed- priorities on contracts in order that the statement of his views. In arriving at ucation, housing, the armed forces, so- nondiscrimination clause might be en­ the fairness of setting up an agency cial relationships, or in public or private forced. of this kind, this question qccurs to me: places or conveyances. I noted with interest the Senator's dis- If the agency makes a decision that there With minority groups of this country cussion of that C!Uestion this afternoon·. has been a discrimination, and there is totaling more than 30,000,000 people, the Does he knew of any specific case in a differing on that decision, then could continued existence of this agency, I be- which this agency has withheld priori­ the person who felt that the agency had lieve, is to protect the full utilization of ties or has enforced a sanction of some done wrong go to the court and have the Nation's manpower at this time. sort, or w~ether under recommendation it corrected? I do not believe he could, That is what it is for; that is as I read to another agency, such agency has under the agency's powers as they now· the record, and that is why I am defend- somehow enforced a sanction? exist, and if he could not, that is wrong. ing the Committee. Mr. MEAD. No, Mr. President; this Mr. MEAD. In the first place, Mr. Mr. RUSSELL. Mr. President, will agency has no right to withhold priori- President, there are those who believe the Senator yield? ties. Priorities are within the province this agency is illegal. If it is illegal, Mr. MEAD. I am glad to yield. of another agency of the Government. what would prevent anyone from going Mr. RUSSELL. The Senator just This Committee merely takes the matter into court and having his side of the case stated that it only related to war con- up with the other agency of the Govern­ heard? If it is legal, its powers are ad­ tracts. That statement is itself directly ment. If the agency finds it has any visory and consultative, and if it takes controvert~d by the official rules filed by authority to exercise it, then uses its own drastic action in cases within its author­ the Committee. I refer the Senator to judgment in the exercise of that power. ity, why cannot that be ·rectified? It page 549 of the House hearings, and to The Committee does not exercise any occurs to me that if I believed this agency the rules drafted by the Committee for priorities' authority whatsoever. was illegal, then I should also believe that its own guidance, which have the prac- Mr. WHERRY. Mr. President, will the any citizen of the United States could /tical effect of law. Senator yield further? challenge its legality. That seems to fol­ Mr. MEAD. I think there is a misun- Mr. MEAD. I shall Qe glad to yield. low logically. derstanding. I did not say it related Mr. WHERRY. What the Senator Mr. McCLELLAN and Mr. WHERRY only to war contracts; I said "discrimi- said as to priorities is true, but I am ask­ addressed the Chair. natory employment practices in war-re- ing· does he know if there has been a THE PRESIDING OFFICER. Does lated and governmental activity." recommendation by this Committee to the Senator from New York yield, and if Mr. RUSSELL. War-related activity? another agency to exercise such au­ so, to whom? Mr. MEAD. War-related activity and thority? Mr. l\4EAD. I must yield, first, to my governmental activity. Mr. MEAD. I did not understand tb,at distingms~ed colleague from Arkansas. Mr. RUSSELL. What does the Sena- the Senator used the word "recommen­ J\1:r. McCLELLAN. In Ene with the tor mean by the words ''gove.t:nmental dation" of this committee to any other discussion with respect to the power.:; of activity ~ ? agency. the Committee, I should Iik; to ask a Mr. MEAD. Any official activity of the Mr. WHERRY. That is what the question of the able Seilator from New Government, the employment problem of Committee would do, as I interpret the York. The President has stated that any agency of the Government, and the order. It could recommend. I am ask­ the order creating the Committee is man­ contracts of any agency of government ing for. information. If the Senator datory rather than directive, overruling having to do with or related to the war knows of a case I should be glad to have the Comptroller General with respect to effort. · him inform me. Does he know whether that point. When the Committee makes Mr. RUSSELL. The rule I was going - .or not this Committee has made the a finding that there have been discrimi­ to advert to is as follows: recommendation to another agency that nations under the authority vested in it, The obligation to include the nondiscrimi- has the authority · to enforce, for ex­ according to the terms of the order, and nation clause exists even though the con- ample, the withholding of priorities? then proceeds to make recommendations tract involves nonwar activity. Mr. MEAD. No; I do not. A complete to other agencies of the Government to enforce the order by the imposition of That is one of the rules and regula­ reading of the record does not reveal, to sanctions, or whatever co11rs e it may take, tions prescribed by the Fair Employment my w_ay of thinking, that they have. I should like to ask the Senator from Practice Committee for its administra­ Mr. WHERRY. It has been contended New York is that merely directive or is tion. I should also like to know how the that that is true, and certainly that is it mandatory? Senator can explain the action of this one of the things that is vital in acting Mr. MEAD. I will say to my distin­ Committee in citing newspapers before it on these appropriations. guished colleague that a while ago I and whether or not newspapers are held Mr. MEAD. I am sorry that it is so spoke on the question of sanctions and to be a war activity. contended, because I am contending enforcement. I concluded by saying that Mr. MEAD. I will say that I read of that that is not so; so we are at logger­ the :Y. E. P. C. has no enforcement power. the newspaper controversy, and that was heads again. I maintain that that is an Its findings and dir~ctivt::s are advisory, discussed during the able Senator's dis­ authority which does not rightfully be­ and I say again that the President's ac­ cussion of the proposal, and I think it long to them. tiJns or nonactions stem from his own was very well handled at that time. Mr. WHERRY. I am not at logger­ constitutional power as President, as Now, Mr. President, I desire to proceed heads with the Senator at all. I am Commander in Chief, and not from any with my statement. merely asking him the questions because alleged power under the provisions of his Mr. WHERRY. Mr. President, will the it has been contended on the floor that Executive order setting up this Com­ Senator yield for a question? that recommendation has been made. mittee. Mr. MEAD. I yield for a question. If the Senator, in his investigations, or It should be noted that the F. E. P. C.­ Mr. WHERRY. Relative to the ques­ in the hearings, can point out a place and this I take from a fair reading of tion asked by the Senator from Arkan­ where this agency has made recom­ the record-is primarily concerned with sas [Mr. McCLELLAN] as to the enforce­ mendations to an agency which had the removing discriminatory employment ment of sanctions, paragraph 4 of the authority, and withheld priorities, or en­ practices in war-related and govern­ Executive order reads: forced some other sanction-- mental activities. · It does not engage in · The Committee shall formulate the policies Mr. MEAD. A reading of the RECORD the placement of labor, nor does it com- to achieve the purposes ot this order and and the debates in the House reveal, so 6170 · CONGRESSIONA-L RECORD-SEN-ATE JUNE 19 far as I am concerned, that ·the agency pose of the -Committee, that is, to elim­ contract. The Committee has been informed has not exercised such authority. inate discrimination on the basis of race, · that the negotiations are ·proceeding without Mr. President, I must hurry along, and creed, color, or national origin. If they friction and the chances are bright for the I hiring of Negrdes a~ platform men. hope I shall be able to conclude my believe in the principle of the Fair Em­ The new union is the bargaining repre­ observations in a few moments. ployinent Practice Committee in exist­ sentative in New York City 1n the New York I believe that the continuation of this ence now, whether legally or illegally, City Tra'hsit System, which employs some 900 Committee resulting from our approval under the new order, since May 27, 1943, Negroes in platform jobs. These men are of the appropriation will result in im­ money out of the Treasury of the United competent and outstanding employees. No proving the skill and the productivity of States has been paying the salaries and complaint has been received since they have our people throughout the United States. expenses of the agency, and the money been working, a· condition which has pre· States with large manpower reserves, but was ,.ppropriated by the Congress of the vailed for the past several years. where limited industrial output exists, United States. If we believe in the ~rin­ Mr. MEAD. Mr. President, I also wish will find an increasing prosperity devel­ ciple of nondiscrimination in contracts to file a statement on the personnel em-­ oping within their borders if they en­ made with the Government, the only ployed by the F. E. P. C. courage the program that is set out un­ agency which we have up to date to en­ The PRESIDING OFFICER. Is there der this appropriation. force that nondiscrimination is the one objection? Mr. President, as I stated in the be­ created by the President, and what harm There being no objection, the state­ ginning, this is a war manpower meas­ can come by continuing that Committee ment was ordered to be printed in the ure, it is .consistent with the principles under the present set-up until Congress RECORD, as follows: upon which our Government i~ founded, takes action to create such a ·committee it is in keeping with our selective-service by legislation? PERSONNEL policy, it is what we have already done Mr. MEAD. I believe the only harm It is said that the personnel is overwhelm­ ingly Negro-it has not hesitated to discrim­ in 15 other cases. Our advocacy of the will come if we destroy this agency by inate against the white race in its own em­ rights of minority groups has helped. us action now taken by the Senate. I agree ployment policies. I mention that fact in our ·relations with other countries, with the able Senator from Utah that merely to show the political nature of this and it will continue to help us at the. if we continue the experience· of this agency. council tables when the foundations of Committee until the legislation can be­ Eighty percent of the complaints received the peace are laid after the war. come a reality, we will be making prog­ by the Committee affect discrimination in Several of the States are now setting ress along proper lines. employment against Negroes. Skilled han­ dling of problem! involving Negroes pre• up permanent agencies to carry forward Now, Mr. President, I shall hurry cludes any argument that it is illogical or this work, and it will be very helpful to through, and I shall ask permission to improper to hire many Negroes on its staff. us, and to the States which carry on this insert in the RECORD at this point a state­ The assignment of specific quotas for repre­ activity, if the appropriation is contin- ment on the Philadelphia Transporta­ sentation of the various minority group~ on ued. . tion co: case. · its staff would have impaired, if not defeated. As I stated a moment ago, it is incon­ The PRESIDING OFFICER. Is there its responsibility under the Executive order to eliminate discrimination in employment sistEmt to make a determined fight on objection? in government. this agency and this agency alone. I There being no objection, the matter George M. Johnson, a Negro, is the Deputy admit that the debates in the Senate and was ordered to be printed in the RECORD, Chairman of the F. E. P. C. After Mr. John- in the House may have brought out some as follows: , son testified in the lower House committee weaknesses, but what new agency of PHILADELPHIA TRANSPORTATION CO. CASE hearings, one of the committee members Qe­ government · has not developed some The Philadelphia Transportation Co. case scribed hlm as "one of the ablest men ever weaknesses? What new agency of gov­ to appear" before that body. Mr. Johnson has been cited for the proposition that· the holds the degrees of A. B., LL.B., and J. S. 0. ernment has not profited by the debates F. E. P. C. has set aside or abrogated ~ontracts between management and labor unions. from the University of .California. He was in the House -and in the Senate, and by engaged in the practice of law and served as the hearings before the House and Sen· This company, engaged in the business of tax counsel for the California State Board of ate committees? The debates, in my transportation in a vital war center, was con­ Equalization for 7 years. In 1940 he was ap:. judgment, will have a salutary effect, and fronted with a terrible shortage of platform pointed professor oHaw at Howard University. employees. Despite this critical need, the He joined the Committee's staff in the fall of we should continue this agency by sup­ company, aided and abetted by the unaffili­ porting this appropriation, and then 1941 as assistant executive secretary and is on ated union which at that time represented leave from his teaching post. He was gen­ legislation should follow in its wake. the employees (subsequently this union lost eral chairman of the Student Institute of Pa· The House Committee on Labor is con­ -its right as collective-bargaining agent for the cific Relations, a member of the Berkeley sidering a permanent measure; we will employees in an election under the Pennsyl­ Committee ·on Race Relations, lecturer for be able to consider it before the end of vania State labor relations act), refused to the Mills College Institute of International the next fiscal year, and I believe that employ Negroes on the platforms. Relations, June 1941. He has been a member After investigation, protracted negotiations of the race relations department of the Fed­ as a result of these debates, and as a re­ which were unavailing, and public hearing sult of the hearings we have.held, we will eral Council of Churches of Christ in Amer­ after due notice, the Committee issued direc­ ica. He was chairman of the joint council improve the administration of the agen­ tives recommending to the company and the for the Southern Pacific Railroad (Pacific cy, and we will be very proud of our union that they cease their discriminatory Lines.) and the dining-car cooks' and waiters' work. practices. union, and is a member of the national legal Mr. BILBO. Mr. President, will the Contrary to the impression created, the committee of the National Association for the Senator yield? Committee did not order the abrogation of Advancement of Colored People. any cpntract. There was a provision in the Mr. Theodore A. Jones, the administrative Mr. MEAD. I am glad to yield. contract between the company and the union Mr. BILBO. I wish to say, first, that officer of the F. E: P . C., is a native of Colo­ incorporating the rules and customs of the rado with a bachelor of science degree in the Senator must be-an optimist if he company in the contract. accounting from the University of Illinois. thinks that Congress will ever make this Uncontradicted testimony disclosed, and His thesis for the degree of master of business Committee a permanent agency of Gov­ the Committee found, that this provision administration from Northwest-ern University ernment. . What I wish to ask is, will had nothing to_do with the hiring of Negroes, is now pending. He was commended by the the Senator kindly put into the RECORD but merely referl'ed to the usual company Bureau of the Budget and the House Com­ the names of the States which have al­ rures concerning punching time clocks, length mittee on Appropriations for his excellent of runs, etc. preparation and presentation of the F. E. P. C. ready organized State fair employment All the Committee did was to recommend practice committees? and his fine work 1n fiscal management and to the parties, in the light of the uncon­ budgetary planning and control. Mr. MEAD. Yes; t shall do so. I tradicted testimony, that they do not con­ have a list of. them, made up of New strue this clause which referred to extraneous The qualifications of these men are repre­ York, New Jersey, Illinois, Nebraska, matters entirely so as to restrict the employ­ sentative of the . attainments in scholarship Minnesota, Kansas, and Pennsylvania. ment of Negroes. · and expertness in the field of race relations Subsequent history-the company and the of the other Negroes on the staff of F . E. P . C. Mr. MURDOCK. Will the Senator new union, a C. I. 0. affiliate, which was desig· It is apparent that Negro field examiners yield? nated by the Pennsylvania State Labor Rela­ inspire confidence among Negro workers and Mr. MEAD. I am glad to yield. tions Board as the collective-bargaining agent are able to control their actions. Specifical­ Mr. MURDOCK. Senators say they for the employees, have entered into collec­ ly, these examiners have been successful in are in thorough ·accord with the pur- tive bargaining with a view to signing a new satisfactorily adjusting 25 '!ark stopp~tges in

" 1944 CONGRESSIONAL RECORD-SENATE 6171 war plants affecting 181,791 workers and and for that reason they assigned Ne­ refusing to hire or upgrade an applicant not costing 185,581 man-days lost to the war. groes to investigate and prosecute them, properly qualified. Quick action by F. E. P. C., which was but it developed in the course of the tes­ F. E. P. C. IS AGGRAVATING THE RACJ:: PROBLEM called into the situation by management or timony that the second largest number The la-rge· number of satisfactory adju~t­ union or Army or Navy Government officials ments achieved by the Committee contradict after the situation had gotten out of hand, of cases involved religious discrimination against Jews. I asked Mr. Ross if he this charge. F. E. P. C. inherited a problem prevent ed the loss of thousands of additional it did not invent, and without its services i;n man-days and averted major strikes in such appointed Jewish examiners to go into all this field some other mechanism would have plants as Carnegie-Illinois Steel, Jones & the Jewish claims, and he said that he had to be established to meet the discontent Laughlin Steel, Dravo Corporation, Youngs­ did not. It seems tu me that this agency arising when a man's twin impulses of earn­ town Sheet & Tube, Illinois Ordnance, Beth­ is unfair in that matter, because they ing a living and serving his country are frus­ lehem St eel Building, Republic Oil Refining, insisted tlpon having Negro examiners to trated. and others. Government and management officials go into the Negro cases, but did not assign WITH MANY NEGROES ON ITS STAFF, F. E. P. C. IS have acknowledged the services of F. E. P. C. Jewish examiners to go into cases that EXCLUSIVELY CONCERNED WITH THE NEGRO in smoothing industrial relations where ra­ involve discriminations against Jews. PROBLEM cial aspects are involved. Mr. MEAD. I do not know about that. As the minority subject to most widespread Mr. w. A. Hughes, Director of Industrial Mr. President, I now wish to place in discrimination, it is natural that the Negro Personnel, Army Service Forces, War Depart­ the RECORD another statement in answer minority should produce the largest propor­ ment, testified before the House Labor Com­ to the statement made that this agency tionate number of skilled experts in this mittee a few days ago. He stated: is dominated by the C. I. 0. The C. I. 0. difficult field. While four-fifths of the cases "The Executive orders as they stand now before F. E. P. C. involve discrimination seem to be functioning successfully in war has no desire to dominate the Committee. against Negroes, the sizable remainder are plants and have in all probability been a fac­ This agency has been commended by Mr. concerned with discriminatory practice tor in increasing labor supplies which have William Green, the president of the against Jews, Mexican-Americans, and other been helpful." American Federation of Labor, in the minority groups. Negroes represent a tenth following words: of the Nation's manpower. Minority groups Mr. MEAD. Mr. President, in this in this country total more than 30,000,000 connection I wish to say that Mr. George Legislative representative of American Fed­ people, F. E. P. C. protects the full utiliza­ eration of Labor will appear before Appro­ tion of the Nation's manpower in war activi­ M. Johnson, who is the Deputy Chair­ priations Committee of the United States man, and a Negro, testified before the Senate urging favorable action upon appro­ ties. • · House committee, and one of the com-· priation for Fair Employment Practice Com­ Mr. MAYBANK. Mr. President, will mittee members describes him as one of mittee. Will do all we can to secure favor­ the Senator yield? the ablest men ever to appear before that able action by Congress of United States. Mr. MEAD. I yield. . body. Mr. President, several charges have Mr. MAYBANK. The Senator has Mr. President, I have the names of a been made against the F. E. P. C.; one placed in the RECORD the recommenda­ number of others of the personnel in the that it is concerned with all problems tions of several labor organizations of statement I have submitted. involving Negroes; . another that it ag­ the Fair Employment Practice Commit­ Mr. BILBO. Will the Senator yield at gravates the race problem; still another tee. Does the Senator have any en­ that point? one that with many Negroes on its staff dorsements of the Committee from the Mr. MEAD. I am glad to yield, but it is exclusively concerned with the Negro various railway brotherhoods? this will all be in the RECORD. problem. I ask that a statement con­ Mr. MEAD. I have here a recommen­ Mr. BILBO. Since the Senator is sub· cerning those charges may be made a dation from John P. Frey, of the metal mitting a list of the personnel of the part of the RECORD. trades department of the American Fed­ present set-up of this organizatioh, I There being no objection, the state­ eration of Labor. I have another from should like to hear him make some ob­ ment was ordered to be printed in the Mr. George Googe, long top A. F. of L. servations on the very patent and gross REcORD, as follows: organizer south of the Potomac. He discriminations the Committee itself has THE FALSE CHARGES AGAINST F. E. P. C. says: made against the white race, by employ­ Certain misconceptions concerning the Race discrimination in our unions in tho ing two-thirds Negroes and only one- F. E. P. C. have been prevalent. Chief among South has decreased 50 percent in the last third whites. · these are the charges that-- 12 years. Give us 12 years more and there Mr. MEAD. Mr. President, that state­ F. E. P. C. IS CONCERNED WITH ALL PROBLEMS won't be any. ment has been placed in the RECORD on INVOLVING NEGROES Mr. MAYBANK. Mr. President, will a previous occasion by those who have F. E. P. C. is concerned solely with remov­ the Senator further yield? participated in the House debates. Per­ ing discriminatory employment practices in Mr. MEAD. I yield. haps a very large percentage of the com­ war-related and governmental activity. Con­ Mr. MAYBANK. Does the writer say plaints brought to the attention of the trary to popular belief, the Committee does that the F. E. P. C. brought that about? Committee are complaints of discrimina­ not have jurisdiction in a case merely be­ cause the party charged is engaged in inter­ Mr. MEAD. No; he does not. Mr. tion against the colored race, and of ne­ state activity. Similarly, it has no jurisdic­ Frey says that he went to Chattanooga, cessity, in the investigation of the com­ tion over allegedly. discriminatory practices Tenn., a great many years ago and plaints, the board has seen fit to employ in education, housing, the armed forces, and straightened out a situation there. As a fairly substantial percentage of colored social relationships, nor in public or private the result the colored metal workers are men and women, who are in perhaps a places or conveyances, nor is it concerned now members of the organization he better position to obtain all the facts and with political controversies such as voting represents. assemble all the data upon which the rights . . Mr. MAYBANK. The question I pre­ board acts. But, as I stated, that is al­ F. E. P. C. PROMOTES THE EMPLOYMENT OF viously asked the Senator from New York ready in the RECORD. I have read it NEGROES, ATTEMPTS TO ENFORCE QUOTAS, AND was whether any of the railway brother­ thoroughly, and I cannot see that there FORCES THE EMPLOYMENT OF CERTAIN PER­ hoods had endorsed the F. E. P. C.? is any discrimination, when one consid­ SONS Mr. MEAD. I thought I had one such ers the character of the work. If we F. E. P. c. has no power to channel, direct, endorsement, but I do not have it before take the complaints, the percentage of or place labor, which is the legitimate func­ tion of the War Manpower Commission. me now. complaints, we will find that. there has F. E. P. C. action is limited to the removal of Mr. MAYBANK. Was it a railroad not been discrimination, and if there has discriminatory employment practices. It acts brotherhood? been, we have on the statute books, in only on signed complaints. It does not re­ Mr. MEAD. I IVOUld not make that the civil-service laws of the country, pro­ quest anyone to hire Negroes or any other statement; I do not know. It occurs to hibitions against discrimination. minority group of citizens. It imposes no me that one of the railroad organizations Mr. RUSSELL. Will the Senator yield? quotas. It is only in cases where a par­ commended the record of the Committee. ticular person or group of persons have been Mr. MEAD. I am glad to yield. aggrieved by discriminatory treatment that I do not wish to make that as a state­ Mr. RUSSELL. I merely wish to point the parties charged are asked to hire or place ment of fact in the RECORD until I have out the inconsistency of the agency in on a preferential list the qualified complain­ it before me. that regard. They stated that a majority . ant. Cases are dismissed on merits where Mr. BARKLEY. Mr. President, will of the cases did involve colored people,. it appears that the employer was justified in the Senator yield to me for a moment? 6172 CONGRESSIONAL RECORD-SENATE JUNE 19 Mr. MEAD. Yes; I yield. to prevent discrimination in essential in­ including Federal agencies and labor organi­ Mr. BARKLEY. I dislike to interrupt dustry. zations, "to eliminate discrimination in re­ the Senator from New York, but I am The National Defense Advisory Commis­ gard to hire, tenure, terms or conditions of I sion established an office in its Labor Division employment, or union membership because compelled to leave the Chamber. won­ to facilitate the' utilization and training of of race, creed, color, or national origin." der if there is any chance of agreeing Negro workers and later reached an agree­ Contracting agencies of the Government were to an hour at which a vote may be taken ment with the American Federation of Labor · required specifically to include a nondis­ on the pending question? and the Congress of Industrial Organizations crimination provision in all subcontracts, as Mr. MEAD. Mr. President, I am prac­ by which they accepted responsibility for well as in all contracts as required by 8802. tically through with my statement. removing barriers against such workers. The Committee's poweru to conduct hear­ Mr. BARKLEY. I wonder if we could This was followed by announcement by the ings and make findings of fact, to promul­ agree on some hour tomorrow when a United States Office of Education of a non­ gate rules and regulations, and to take discrimination policy in the expenditure of appropriate steps to obtain elimination of vote could be taken. Federal funds for vocational training for de­ such discrimination were mentioned in de­ Mr. MEAD. Mr. President, I am fense. In October 1940 Congress, in appro­ tail. Msgr. Francis J. Haas, dean of the ready to yield the floor. I merely make priating money for defense training, forbade school of social sciences at Catholic Uni­ a final appeal for approval of this ap- · discrimination against trainees because of versity and well-known labor mediator, was _propriation. . sex, race, or color. aJ:pointed Chairman of the new Committee Mr. RUSSELL. If the Senator from Special letters and instructions were is­ and served until nominated hishop of Grand New York will be good enough to yield sued by various Government officials during Rapids on October 7, 1943. Malcolm Ross, tome- the next 6 months. For example, in Jan­ author and former Director of Information uary 1941 the Administrator of the Federal of the National Labor Relations Board, who Mr. MEAD. I am very glad to yield. Works Agency established a regulation pro­ had been deputy chairman, was named his Mr. RUSSELL. The Senator from New hibiting discrimination in employment in successor by President Roosevelt on October York has placed in the RECORD the posi­ the construction of defense-housing projects. 18, 1943. tion taken by the American Federation In a memorandum on June 12, 1941, to Wil­ At the present time, the President's Com­ of Labor and other organizations. I liam S. Knudsen and Sidney Hillman, co­ mittee on Fair Employment Practice has, ex­ wonder if the Senator placed in the REc­ directors of the Office of Production Manage­ clusive of the Chairman, 6 members who ORD a report by the executive council of ment, President Roosevelt emphasized the represent labor and management · equally. the American Federation of Labor? need for unity. ''N·o nation combating the The paid staff numbers 113 workers, 60 of increasing threat of totalitarianism can af­ whom are in the field. The national office Mr. MEAD. I have some mat~r re­ ford arbitrarily to exclude huge segments of _in Washington, . D. C., has 4 divisions: lating to the American Federation of its population from its defense industries," Field Operations, Administrative, Legal, and Labor before me. he said. "Even more important is it for us Review and Analysis. In addition, there are Mr. RUSSELL. I wish to point out to strengthen our unity and morale by re­ 9 regional offices, each with a director in that the American Federation of Labor, futing at home the very theories which we charge, and 2 additional suboffices, 1 in are fighting abroad.'' Detroit in region V and 1 in Los Angeles in while it very strongly ·endorses the poli­ region XII. cies of this Committee as it relates to the On June 25, 1941, in response to growing protest that the steps taken had not proved DUTIES AND JURISDICTION employer, is very bitterly opposed to its adequate, the President issued Executive Or­ Responsibility for fair-employment practice policies with respect to labor unions. der 8802 and appointed the Committee on rests, actually, with the individual employer, Mr. MEAD. On that point I wish to Fair Employment Practice to enforc" it. The union, or Government agency. In interpret­ say that I have. a recommendation by order . stated that it was the duty of em­ ing and enforcing Executive Order 9346 the the executive council of the American ployers and of labor organizations "to Committee, which is an administrative Federation of Labor at its sixty-third provide for the full and equitable participa­ agency, first must determine how, when, and convention held in October of 1943, and tion of all workers in defense industries, by whom discrjmination is practiced; and without discrimination because of race, creed, secohd, must take appropriate steps to elimi­ I ask that it be placed in the RECORD. color, or national origin." According to nate sucn- discrimination. The PRESIDING OFFICER. With­ 8802, the Committee was to "receive and in­ Definition of complaints and complainants out objection, it is so ordered. vestigate complaints of discrimination in vio­ The matter referred to is as follows: lation of the provisions of this order and F. E. P. C. has jurisdiction over complaints • • • take appropriate steps to redress of discrimination because of race, creed, color, In October 1943 the executive council of grievances which it finds to be valid." It national origin, or alienage. The category the American Federation of Labor at its sixty­ of noncitizens was not included in Executive third convention stated: was also empowered to make recommenda­ tions to Government agencies and to the Order 8802. A statement by the President, in "The direct and wholehearted partici­ January 1942, however, brought aliens within pation of the representatives of the Ameri­ President. The first Chairman, Mark Ethridge, pub­ the scope of the Committee's responsibilities. can Federation of Labor in the work of the Whether because of race, creed, color, na­ Fair Employment Practice Committee has Usher of the Louisville Courier-Journal, and five other members, serving without com- tional origin, or alienage, discrimination may been based on the re~ognition of the fact take many different forms. It may be direct that race discrimination in war employment - pensation, were appointed by President Roose­ velt on July 18, 1941. Lawrence Cramer, for­ by the employer against an employee, as in 1s inconsistent with the Nation's foremost the case of refusal to hire. A member of a objectives in war for the survival of democ: mer Governor of the Virgin Islands, was called from teaching at Harvard University to be­ minority group may be employed and Inter racy. Such discrimination 1s not oniy con­ subjected to inferior working conditions. trary to our basic institutions, but is also come executive secretary. Originally the Committee functioned within the Labor Divi­ Failure to utilize the minority workers at a threat to national unity during and after their highest skill level, early and unws.r­ the war." siort of the Office of Production Management. On January 26, 1942, when 0. P.M. was abol­ ranted dismissal, and unequal pay for equal ished, the Committee ·was transferred to the work are additional types of direct discrimi­ Mr. RUSSELL. Mr. President, sim- . nation. ply to make the RECORD complete I . Dr. Malcolm McLean, president of Hampton Institute, became Less direct discrimination in employment wanted to show that the American Fed­ Chairman in March 1942, and in July of the may be practiced by unions, training insti­ eration of Labor did not endorse all that same year the Committee was transferred as tutions, and employment agencies. Most of this Committee has attempted to do, be­ an "organizational entity" to the War Man­ the complaints against unions charge re­ cause the A. .F. of L. was very much op­ power Commission. fusal to accept for membership, to issue work posed to the policy of the Committee By the beginning of 1943 it was apparent permits, or to handle grievances, including that a reorganization was necessary to enable disputes over seniority and upgrading. There with respect to labor organizations. also may be segregation into local auxiliaries Mr. MEAD. Mr. President, I now yield the Committee on Fair Employment Practice effectively to carry on its duties. - The staff, in which the Negro worker is denied the right the floor. at maximum, had consisted of 13 officers and to vote, to bargain collectively, or to partici­ ExHmiT 1 21 clerical and stenographic employees, a pate equally in business negotiations. Com­ THE PRESIDENT'S COMMITTEE ON FAIR EM­ number far too small to investigate th.or­ plete denial of training and, in addition, un­ PLOYMENT PRACTICE-ITS BEGINNING AND oughly the numerous complaints being re­ equal facilities where segregated schools exist G:aOWTH ceived by the Committee. Under Executive are the chief charges against training institu­ tions. Discriminatorr want ads and job Early in the defense program it became Order 9346, issued on May 27, 1943, a new evident that full mobilization of Ameripan Committee, with a full-time Chairman, was specifications sent to ~,mployment agenc ~ es manpower was going to be a major problem. set up as an organizationally independent frequently prevent non-white, Jewish, and An important aspect of ·· the over-all man­ agency. alien complainants from obtaining war jobs. power picture concerned the integration of The new order enlarged upon 8802, while Basis of the Committee's authority minority groups into the war effort, and in repeating its basic principles. It stated The functions performed by the Com mit­ July 1940 there began a series of measures clearly that lt was the duty of all employers, tee are carried out for and in the name of 1944 CONGRESSIONAL RECORD~SENATE 6173 the President. 'The authority delegated to interstate or foreign commerce. Also ex­ cross-examine the witnesses. The Committee the Committee stems from two Presidential cluded from the Committee's jurisdiction ate may request the party charged to present prerogatives: first, the -·mE:titutional power retail stores and local enterprises such as material, but it has no power to subpena of the President, as administrative head of beauty I?arlors, law offices, specialty shops, witnesses or records. the executive branch of the Government to etc., which do not hold Government con­ The full Committee reviews the steno­ direct the operation and administration' of tracts and which are not engaged in services graphic record of the proceeding before ren­ all Federal agencies; and second, his power essential to the war effort. dering its final decision and entering its as Commander in Chief to take all adminis­ The Committee ha.s no jurisdiction over findings. At this time it takes corrective trative action necessary to assure adequate the armed forces. measures, which include recommendations supplies for the armed forces of the United PROCEDURE and directives to the parties charged and States. Pursuant to his authority under the A case requiring investigation by the Pres­ recommendations to Federal agencies and former, the President has empowered the to the President of the United States to elim­ Committee to investigate discrimination on ident's Committee on Fair Employment Prac­ tice is (a) a signed complaint (b) against a inate whatever discriminatory practices have the part of Government agencies, Govern­ been revealed. ment-sponsored training programs, and pri­ named employer, union, or Government vate industries involved in the performance agency ('c) alleging discrimination (d) re­ The elimination of discrimination of Government contracts. The President's lating to employment, pia ement, or training In most instances, F. E. P. C. staff members power as Commander in Chief underlies his (e) because of race, color, creed, national are able to bring about the adjustment of delegation of authority to the Committee to origin, or alienage. Information pertaining specific complaints without formal reference investigate discrimination in all essential to discriminatory advertisements, placement to the Committee. Satisfactory disposition war industries. orders, or application forms may be acted is achieved when the party charged complies upon by a staff member upon his own cog­ with the requests of these executives that Agencies within the jurisdiction of the nizance. In addition, evidence of violation Committee it take_ certain positive steps to correct pres­ of Executive Order 9346, referred to the Com­ ent discriminatory practices or to guard Thus, the jurisdiction of the Committee mittee by another Government agency, may against their future occurrence. Beyond the under Executive Order 9346 extends to three constitute a case. ~ettlement of the immediate grievance, such categories of complaints alleging discrimi­ Method of investigation-Customary steps Implementation usually consists of written natory employment practices: notices and instructions to personnel officers, 1. Complaints against all agencies of the All cases are docketed in the regional office of the area in which the alleged discrimina­ placement agencies, training institutions Federal Government. and labor unions that the party charged wni 2. Complaints against all employers (and tion has occurred. If a complaint comes under the jurisdiction of the Committee, in­ employ persons solely on the basis of their the unions of their employees) having con­ qualifications and without regard to their trac.tual relations with the Federal Govern­ vestigation of its validity is begun. Further information from the complainant may be race, creed; color, or national origin. ment, regardless of whether such contracts The C?mmittee's d~rectives usually advise pertain to the war effort, and obtained and collateral investigations under­ taken, after which contact is made with the the parties charged to issue formal instruc­ 3. Complaints against all employers (and tions to their own personnel officers arid em­ the unions of their employees) engaged in party charged by a Fair Practice examiner. If an employer or union official, thus re­ ployment agencies that the recruitment industries essential to the war etfort, whether training, and placement of workers will b~ or not they have contractual relations with minded of llis responsibilities under Execu­ tive Order 9346, acts to eliminate discrimina­ carried on without discrimination. the Government. tory practices in accordance with the recom­ In addition, the Committee has at times The Committee's jurisdiction over com­ mendations of the examiner and the re­ directed companies to hire persons who have plaints against Federal agencies ·has never been discriminated against or to reinstate been challenged. But questions have been gional director, the case is closed. Most of the 359 cases satisfactorily adjusted in the workers who have been dismissed for dis­ raised regarding the kinds of Government criminatory rea.sons. One such instance oc­ contracts contemplated by the order and as 6 months' period from July 1 to December 31, 1943, represent this kind of disposition. curred in December 1942, following a hear­ to whether or not the inclusion of the order's ing which involved charges brought by seven "nondiscrimination clause" in such contracts Should a case prove unadjustable at the regional level, the Regional Office can refer it members of Jehovah's Witnesses. The Com­ is mandatory. The latter question has been mittee directed that "the company take im­ answered in the affirmative by the President. to the Director of Field Operations in Wash­ ington. At both the regional and national mediate steps to offer reinstatement to the In defining the kinds of Government con­ seven complainants and to offer them reem­ tracts contemplated by the order, the Com­ levels, there is frequent negotiation with the War Manpower Commission or with the con­ ployment with full seniority rights they mittee has ruled that the "nondiscrimination would have enjoyed had they been contin­ clause" must be included in all contracts tracting agencies of the Government. In some treiublesome situations a senior Fair uously employed." made, amended, or modified which call for The Committee consistently has expressed the employment of persons. Such inclusion Practice examiner is sent from the Washing­ ton office to effect a satisfactory disJ>osition Its conclusions regarding methods of carry­ does not depen~ upon the amount of money ing out the purposes of the Executive orders involved, and is required even though the of the case. Referral to the full Committee and the scheduling of a public hearing re­ by means of the well-known administrative contract does not involve war activity. procedure of issuing directives. Power to The Committee's jurisdiction over "war sult only after all other methods of settle­ ment have been employed unsuccessfully. issue directives is implied in Executive Or­ industries," which no contract is involved, ders Nos. 8802 and 9346. Under Executive has been challenged in several cases. The Hearings Order No. 8802 the Committee "shall take ap­ Committee has issued no comprehensive defi­ The decision to hold a hearing is not auto­ propriate steps to redress grievances." The nition of what it regards as war industries. matic. It is made only after the members corresponding clause in Executive Order No. It accepts as a general guide the War Man­ of the committee have agreed upon such ac­ 9346 authorizes it to "take appropriate steps power Commission's List of Essential War tion. The purpose of the public hearings to obtain elimination of • • • discrim­ Industries, but it reserves to itself the right is to determine the existence of discrimi­ ination." The Committee's authority to to determine in each case whether the party nation, the duties of employers, and the issue directives springs from these phrases. charged is an "essential war industry" within the meaning of the order. The Committee rights of employees under Executive Order Should the Committee's directives be de­ 9346. fied, such violation can t-:: referred to the has ruled that ste~mship lines, railroads, tele­ phone and telegraph companies, and local Hearings conducted by the President's proper contracting agency, Including the street-railway systems in vital industrial Committee on Fair Employm~nt Practice are War Department, the Navy Department, or areas are essential war industries within the informal, fact-finding proceedings. They are the Maritime Commission. The contracting meaning of the order. not limited by the legal rules of evidence agencies may cancel or refuse to renew war The Committee also has ruled that its ju­ and procedure. The full Committee sitting contracts Ultimately noncompliance is risdiction extends to all private educational as an impartial body, may hear the case certified to the President of the United States. institutions which receive Federal funds for or may authorize its chairman to appoint a The Committee can also bring such cases the support and maintenance of their war hearing commissioner for the purpose of con­ to the attention of the Chairman of the training programs. ducting the hea.·ing. In other instances, a War Manpower Commission. A formal agree­ panel of Committee members may be des­ ment, executed by the two agencies in Au­ Agencies not within the jurisdiction of the ignated. A number of concerns from the gust 1943, defines the respective responsi­ Committee same industry or local area may be investi­ bilities of F. E. P. C. and W. M. C. in enforc­ Contrary to popular belief, the Committee gated at one time. ing the Government's nondiscrimination poli­ does not have jurisdiction in a case merely In the majority of the 11 public hearings cies concerning the training, placement, and because the party charged is engaged in in­ held by the Committee since its inception, utilization of manpower. In addition, the terstate activities. F. E. P. C. has no power more than 1 company or 1 union has been W6r Manpower Commission, in carrying out to deal with privately owned, privately op­ involved. its employment-stabilization program, may erated plants, which do not hold Government Ample notice of the hearing and of the penalize violators of the program's clause contracts or subcontracts, and which are not specific charges is given to the party charged. prohibiting discriminatory hiring and referral engaged in activities essential to the war ef­ Parties may appear in person or be rep­ practices. Sanctions may be invoked at fort,, even though they may be engaged in resented by counsel and may examine and both the regional and national level. Most 6174 CONGRESSIONAL RECORD-SENATE JUNE 19 of them are available at any stage of nego­ · During World War No. 1, and for a decade In general, however, the better utilization tiations when the intent of the party charged thereafter, Negroes made significant occupa­ of ·the Negro is spotty and is concentrated in not to comply becomes clear. ' tional gains tn such industries as iron, steel, certain industries, in certain areas, and even The War Manpower Commission, through meatpacking, shipbuilding, and automobile in some cases, 1s limited to specific corpora­ the United States Employment Service, may manufacturing. The depression seriously tions. There are many industries where the refuse to Eervice noncomplying employers, or hampered these gains and in 1940, Negroes full utllization of nonwhite· workers is of may issue certiflcates of availability to work­ constituted a smaller proportion of the critical importance to the war production ers against whom discriminatory policies have workers in mining, manufacturing, trans­ effort. Among these are the local transit In­ been practiced. It may refuse the employer portation and communication, than they had dustry, the air-frame industry, the cotton­ clearance for the recruitment of workers out­ in 1910.2 A survey by the Bureau of Employ­ textile industry ln the South, the jute-spin­ side of his labor market if he imposes dis­ ment Security of the Social Security Board ning industry, the rayon fiber and rayon tex­ criminatory hiring specifications. It may issued in September 1941, revealed that tile industry, the antifrictton-bearing indus­ issue certificates of availability to the workers Negroes would not be considered by industry try, and the shipbuilding industry where they of a noncomplying employer. Also, in ac­ for 51 percent of 282,245 job openings ex­ al'e already highly utlllzed. cordance with W. M. C. policy, employees pected to occur by February 1942.8 The practices of organized labor have not who quit in protest over the employment of The Tolan committee, in 1941, found that kept pace with the •ncreased employment of minority workers may be denied certificates nine A. F. of L. unions still had constitutional the Negro. Today 13 unions exclude Negroes of availability to other employment. provisions barring Negroes from membership, by constitutional provisions, 5 exclude by Finally, the President may act under his along with the railway brotherhoods. In ad­ tacit consent, 1 by ritual, and 9 afford only dual authority as administrative head of the dition, numerous unions continued to dis­ segregated auxiliary status to Negroes.7 criminate against Negro workers, excluding executive branch of the Government or as Creed Commander in Chief of the armed forces to them by tacit consent and constitutional enforce committee directives. ritual, and, by segregating thetp. into aux­ Charges of discrimination because of creed iliaries. comprised nearly 10 percent of the complaints SCOPE OF ACTIVITIES Since 1941 the Negro has made considerable received by the Committee during the July­ Co1Jtplaints received and investigated advances in the field of industrial employ­ December 1943 period. Most of them came ment. In January, according to the War Man­ from Jews. Members of this group frequently As of July 1, 1943, F .. E. P . C. had pending power Commission, nonwhite workers now have been barred from employment through 1,016 cases. During the 6 months' period be­ constitute 7.2 percent of the total 15,000,000 discriminatory want ads or specifications to tween that date and January 1, 1944, 1,950 war workers in firms reporting to the United employment agencies. Application forms on new cases were docketed. During the same States Employment Service. This shows a which religion must be designated further period 989 cases were closed, leaving the com­ good trend. In the beginning of 1942 it was such discrimination. Training schools, real­ mittee's January 1 case load at 1,957. More estimated that nonwhite workers constltu..ted Izing that Jewish graduates may be hard to than one-third of th- cases closed represented only 3 percent of the employees in war indus­ place, in many cases have refused to admit satisfactory adjustments. Dismissal because tries. By September 1942 the figure was 5.7 them. of lac'k of jurisdiction over the complaint or percent, in January 1943 6.4 percent, and in Orthodox Jews, Seventh-day Adventists, because of insufficient evidence accounted for March 1943 6.7 percent! Negroes have secured and others who regard Saturday as their 244 of the closings. In addition, 256 cases significant employment opportul!ities in ship­ Sabbath constitute a problem because of the were closed on merits, 123 were withdrawn building, aircraft, blast furnaces, steel works, working schedules to which most industries by the complainant, and 7 were dismissed for rolling mills, tanks, communication equip­ geared to the demands of war production .other reasons. The 630 cases in these last ment, explosives, and ammunition. now adhere. Absenteeism related to such 4 categories represent allegations of discrim­ No reliable data is available on the utiliza­ practice often has led to dismissal, although ination which would have remained as con­ tion of nonwhite workers in skilled and semi­ many plants and agencies have managed to tinuing disputes had they not been subjected skilled occupations. Most observers agree work out satisfactory arrangements for Sab­ to a careful examination by a third party. · that Negroes are being both placed and up­ batarians. F. E. P. C. public hearings number only 11. graded to skilled and semiskilled operations National origin and aLienage ·or these, 6 were held under the auspices of in many plants at a startling rate. The the old Committee, before the issuance of W. M. C. has revealed that for the last quarter Discrimination because of national origin Executive Order No. 9346. A number of com­ of 1943 14.8 percent of nonwhite placements alone accounted for 5 percent of the com­ panies and unions were involved, and com­ were in other than unskilled occupations: plaints docketed by the Committee between pliance has been largely good. Certain com­ The number of Negroes in operations other July 1 and December 31, 1943. Some foreign­ panies have been especially cooperative. At than unskilled in industry is perhaps much born citizens have be!'!n denied employment this writing, the new Committee has con­ higher than this figure would indicate, since simply because an employer doubts their loy­ ducted 5 publie hearings: Two were based the usual tendency is to upgrade Negroes from alty. On the other hand, certain groups, upon charges of discrimination because of unskilled jobs rather than-to take newcomers largely Spanish-American in origin, have to creed and involved the Dow Chemical Co. in from the outside at the high levels of employ­ contend with discrimination of the same type Midland, Mich., and the Northwest Mining ment.~ which faces American Negroes. This is espe­ and Exchange Co. in Du Bois, Pa. The rail­ Negroes have also made considerable gains cially true in sections of the far West and road hearings in Washington, D. C., the in the Federal civil service. The 1938 report Southwest. boilermaker's hearings in Portland, Oreg., and by L. J. W. Hayes showed that Negroes com­ The problem of placing noncitizens in war San Francisco, CaUf., and the case of the posed 8.4 percent of Federal employees in jobs is a troublesome one. During the 6 Philadelphia Transportation Oo. in Phila­ Washington, and that 90 percent were in months' period mentioned above discrimina­ delphia involved charges of racial discrimi­ custodial jobs.0 In contrast, a study by the tory acts against aliens constituted almost 7 nation. Division of Review and Analysis of F. E. P : C., percent of F. E. P. C.'s docketed cases. Most involving a sample which covered 1,957,858 discrimination of this kind arises from over­ Distribution ot complaints by race, creed, Government employees, showed that 12.5 per­ cautiousness in employers engaged in war color, national origin, alienage cent of these workers were colored. Accord­ production. Sections in two acts of Con­ Race and Color ing to this study, in the departmental serv­ gress, passed in 1926 and 1940, forbade the ice Negroes composed 18 percent of the total employment of aliens in the performance of For the most part in the United States, personnel. A large number, 50 percent or aeronautical, secret, restricted, or confidential Negro labor has been disproportionately con­ more in some ~gencies, were employed in the contracts without the written consent of the centrated in unskUied, domestic, and agri­ clerical, administrative, fiscal category, al­ Secretary of the Department concerned. Al­ cultural occupations. According to the 1940 though in the field service most Negroes were though the latter act has expired and the census, Negro men comprised 60.2 percent of still in custodial classifications. 1926 act covers only aeronautical contracts, all males in domestic service and Negro wom­ the War and Navy Departments and the Marl­ en constituted 46.6 percent of all women 2 Weaver, R. C., "The Employment of time Commission continue to require written employed in this field. Colored men formed Negroes in War Industries," Journal of Negi'o consent for the employment of aliens on such 21 percent of the males employed as labor­ Education, Washington, D. C., Howard Uni­ classified contracts. ers; colored women composed 26.9 percent of versity Press, Summer 1943; pp. 386-387. Any employer not engaged in work of this such laborers. (Farms and mines not in­ 8 Bureau of Employment Security, Social kind violates Order 9346 when he refuses to cluded.) Negro men were 21 percent of all Security Board, Labor Supply and Demand tn employ qualified and available aliens. It Is farm laborers and foremen. It can be seen Selected Defense Occupations Through the also a violation for a contractor engaged in how disproportionately the Negro is concen­ Period May-November 1941, Washington, the execution of a secret, restricted, confi­ trated in the lower work brackets, when it is D. C., Federal Security Agency; September dential, or aeronautical contract to neglect considered that Negro males constitute 10.3 1941. ·or refuse to apply to the Secretary of War percent of the total male working population, 4 Weaver, R. C., op. cit., p. 391. or Navy for permission to employ needed and that women form 18.9 percent of the total 5 Reports and Analysis Service, Placement and qualified aliens. female working population.1 Activities, Washington, D. C., War Man­ power Commission, December 1943. · 'Northrup, ·H. · R., Organized Labor and 1 U. S. Census, Population, The Labor Force, 8 Hayes, L. J. W., The Negro Federal Gov­ Negro Workers, The Journal of Political Volume III, Washington, D. C.; U. S. Govern­ ernment Worker, Washington, D. C., master's Economy. Chicago, University of Chicago ment Printing Otnce; pp. 88 and 89 thesis, Howard University, 1941. Press, June 1943 (p. 208). -1944 - CONGRESSIONAL RECORD-SENATE 6175 The number of complaints received by the Mr. RUSSELL. I wish to make the We hope to have it ·completed tomorrow .. ~ former committee from aliens proved the ex­ RECORD clear that those who are opposed There are other matte:t:s which ought to istence of confusion among employers and applicants alike. In March 1943 discrimina­ · to striking this item from the bill have be disposed of quickly. tion against aliens still comprised F. E. P. C.'s · occupied practically all the time today. Mr. RUSSELL. I hope the Senator second largest group of complaints. A series Mr. BARKLEY. That is true with re­ from Kentucky will include the bill pro .. of steps has served to alleviate the situation. spect to today, but that was not true the viding for continuation of the present On July 11, 1942. President Roosevelt issued previous day. rate of interest by the Federal land a clarifying statement, setting forth the ofil­ Mr. RUSSELL. On the previous day bank. cial position on the employment of nonciti­ the amendment did not·come before the Mr. BARKLEY. Yes; thr..t is one of zens and ol'tlining procedures to be followed · Senate until about 2:30 in the afternoon, the many other measures which I think 1n hiring them. This was reaffirmed on June 7, 1943, in a joint statement by the Secretary and the question was debated for about we ought to dispose of. Before we get of War, the Secretary of the Navy, the At­ 2 hours. ready to take a recess-if we are to take torney General, and the Chairman of the Mr. BARKLEY. I · think the time up one--there are a good many things which . .Maritime Commission. to now has been pretty fairly equally need attention at once. It is urgent According to section 205 of the Independ­ divided. that we do not delay longer. ent Ofilce Appropriations Act, approved June Mr. McKELLAR. Mr. President, I Mr. MAYBANK. Mr. President, I in­ 26, 1943, aliens who are nationals of any of think the time has been well spent, too. vite the attention of the Senator from the United Nations may now be employed I do no~ think there is necessity at this Kentucky to the fact that some time by the Government agencies whose appro­ priations are provided by this act. time to fix a time for voting. So far as ago a bill was passed in the House dealing In recent months the paper work and the · I am concerned, I should object to fix­ with an order issued by Mr. Eccles in time needed for clearance of applications ing the time until Senators on both sides connection with the banks. It should have served as the chief obstacles to the of the question have had a reasonable certainly be considered by the Senate ' employment of aliens. The President's Com­ opportunity to discuss it, and then I shall before any long recess is taken. mittee has made recommendations toward urge very strongly that a time be fixed Mr. BARKLEY. That bill is still in the simplification and shortening of appli­ for taking the vote. committee. It has not been acted upon cation forms. At this time the Provost Mar­ Mr. BARKLEY. I am not pressing the by the committee. Hearings have not shal General has brought about decentrali­ I zation of the investigation and clearance of matter. thought perhaps it was worth been held upon it. alien applications. This process should re­ while trying to fix the time for a vote. Mr. MAYBANK. That may be true, duce considerably the time required for Mr. WHITE. Mr. President, will the but it is extremely embarrassing to the clearance. Senator yield? bankers of the United States and to As a war agency, the President's Commit­ Mr. BARKLEY. I yield. those who are suffering not to know how tee on Fair Employment Practice is con­ Mr. WHITE. In view of what the Sen­ their business stands. I hope that be­ cerned with bringing about the fullest utili­ ator from Tennessee has said about the fore we take any long recess-! am not zation of all available manpower for the fight situation, I suppose it is useless to at­ suggesting a recess for the Republican against the Axis. Its functions are the di­ convention, but I am in thorough agree­ rect expression of Government policy and are tempt to reach any agreement at this aimed at eliminatiJlg discriminatory prac­ time, but I cannot help impressing on ment with the distinguished minority tices, which, in the present emergency. tend those Members of the Senate I am now leader that such a recess should be seriously to impair workers' morale and na­ facing, that Members on this side of the taken-we should determine whether or tional unity. The current need for labor aisle have a sort of a rendezvous with not the bankers of the United States are does not allow for the continuance of habits destiny in a few days. to be kept in ignorance as to how their which bar qualified workers from employ­ Mr. BARKLEY. I do not know business stands, after a bill has been ment and prolong the day of victory. whether it is a rendezvous or-- passed unanimously by the House of Rep­ Mr. BARKLEY. Mr. President, I wish Mr. WHITE. Well, I am simply grab­ resentatives. I shall insist upon consid­ to inquire whether we may not reach bing an eXpression out of the air. eration of that bill. Mr. WIDTE. Mr. President, I should some agreement on voting at some hour Mr. BARKLEY. It may be a slaugh­ tomorrow. Any hour suits me. like to say a word further about the terhouse. We cannot tell. situation. I am in complete agreement Mr. BILBO. I have no objection to Mr. wmTE. Well, we have high with the Senator from Kentucky that that, provided I ::tm given an hour. hopes. there are other pieces of legislation than Mr. BARKLEY. The Senator would Mr. McKELLAR. Mr. President, inas­ the matter now pending before us which _ have my consent to having an hour. I much as the Senator from Maine has re­ must be disposed of before a recess is should like to have the time for voting ferred to me, I will say that I am doing taken. I have no desire to criticize the JJ.xed at 4 or 5 o'clock. everything humanly possible to get the debate on the pending bill. I think it · Mr. BILBO. Tomorrow? pending bill through the Senate this has been germane to the bill, and has Mr. BARKLEY. Yes; tomorrow. week. I have an idea that it can be got­ been carried on in good spirit. I think Mr. RUSSELL. The thing which dis­ ten through the Senate more quickly by there has been no uncalled-for discus­ turbs me is, How shall we confine the letting it go along until tomorrow, and sion. I have been disappointed that it debate to the subject under considera­ permit as many Senators as wish to speak has taken so long. I bad hoped that we tion? Some Senators may obtain the this afternoon to speak, but let us for might dispose of the bill this afternoon. fioor and make lengthy speeches on some heaven's sake try to reach a conclusion We might as well be perfectly frank unrelated matter and thereby deprive of the measure quickly. I hope it will about the situation. It so happens that other Senators who wish to discuss the be voted on tomorrow because we have Members on this side of the aisle had pending question of an opportunity to do to finish about two bills a day in order hoped they might leave here tomorrow, so. to complete necessary action this week. at least temporarily, for a day or two. Mr. BARKLEY. That is the chance Mr. BARKLEY. I will say to the Sen­ I had hoped that the situation might be we always take unless by unanimous ator from Tennessee that, in addition to such that they could leave with pro­ consent we can limit the debate on the the appropriation bills to which he refers, priety. It seems to me that we should amendment and have the time divided there is other legislation pending. The make every effort to hasten the disposi­ between Senators on both sides of the bill affecting the Office of Price Admin­ tion of this bill. If we cannot a"gree now -question. istration, extension of the Stabilization as to a time for the final vote, I hope it Mr. McKELLAR. Mr. President, there Act, has yet to become law. As everyone will be understood that we will remain in are two or three Senators who wish to knows the present 0. P. A. law expires session until at least 6 o'clock this eve­ speak on the -question, and if we continue the 30th of this month. We certainly ning, and make that much of a contribu­ debate on the subject, I believe we can cannot even consider taking any recess, tion to the termination of the debate and get to a vote before 4 or 5 o'clock to­ even for a convention, with that law the passage of the b111. morrow. about to expire and with no action taken Mr. McKELLAR. That would be en­ Mr. BARKLEY. I hope so. The trou­ to extend it. The conferees have been tirely satisfactory to me. ble is that every fresh day brings forth working on it ever since it was referred Mr. BARKLEY. I think that would be some fresh subject. I do not wish to to them in an effort to get together. a very proper contribution to winding shut any Senator off. They have not yet completed their work. up the debate. Xc-390 6176 CONGRESSIONAL RECORD-SENATE JUNE 19 Mr. McKELLAR. That is entirely Banking and Currency, that if possible At that time Mr. Churchill was -. not satisfactory to me. · he adopt the hearings before the House Prime Minister. He was a private citi­ I hope we can vote on the bill before Committee on the Federal Reserve regu­ zen. I read from the dispatch: 2 o'clock tomorrow afternoon. I see no lation known as regulation Q. I have LoNDON, June 16.-President Roosevelt reason why we cannot. heard from practically every banker in promised Prime Minister Churchill before Mr. DAVIS. Mr. President, more than the State of Mississippi. This is a very Britain entered the war that America would half a century ago I first began work in important and urgent matter with them. come to her aid. This accusation was made today in the House of Commons by Jolin Mc­ the iron and steel mills of the great It is vital to their very life. Early ac­ Govern, an independent Laborite. Commonwealth of Pennsylvania. tion is very desirable. I trust that the In a debate on regulation 18-B, in which During my years of labor in the mills Senator may see his way clear to adopt­ the minister of home security is given au­ I have seen men from almost every na­ ing the hearings before the House com­ thority to detain in prison without trial any tion come to this· country and accept mittee, so that the Senate may act upon person he suspects to be dangerous to the employment in those same mills. the bill one way or the other. war effort, McGovern asked whether the I have worked side by side with some reason for the continued detentio.n of Capt, That is all I wish to say. A. H. M. Ramsay, a member of Parliament, of those men, and I know that in ·many Mr. MAYBANK. Mr. President, will was that he might make sensational dis­ _cases the discriminations practiced the Senator from Minnesota yield so that closures about pre-war negotiations between against them made it virtually impos­ I may make a very brief statement in Churchill and Roosevelt. sible for them to obtain employment. I connection with what the Senator from McGovern linked the detention of Ramsay have seen men ,shunted from town to Mississippi [Mr. BILBO] has said? to the arrest of Tyler Kent, American em­ town and from city to city-denied all bassy clerk, whose mother, a resident of Mr. SHIPSTEAD. I shall be glad to Washington, D. C., has been fighting for his employment because of their activities in yield for a moment. behalf of the advancement and security release for 4 years. Kent was sentenced to Mr. MAYBANK. Again I wish to call 7 years' imprisonment in camera on a charge of their fellow workers. of disclosing embassy secrets. He was a code Mr. President, no American should be attention to the banking bill which is pending before the Committee on Bank­ clerk and had access to diplomatic corre­ discriminated against. America is a free spondence. land, where all men should be treated as ing and Currency. I do not know frae citizens. I shall vote in favor of an. whether it is necessary to hav'9 a recess I quote the words of the member of appropriation for the F. E. P. C., in of the Senate for more than 10 days. Parliament, Mr. McGovern: order that America and its citizens may That seems to me to be a very long time. "I have been told that Captain Ramsay is always remain free. I again insist that before any recess for not in because he is a Fascist," McGovern Mr. SHIPSTEAD obtained the :floor. longer than 10 days is taken, the people said, "but because Tyler Kent took copies of Mr. BILBO. Mr. President, will the of my section and the people of the entire letters from a diplomatic between the Senator from Minnesota yield to me to country who are suffering should know Prime Minister and the President of the whether or not they are to continue to United States. The Prime Minister was so­ make an observation while the Sena­ liciting m11itary aid in the event this country tor from New York [Mr. WAGNER] is suffer under the orders of Mr. Eccles. was going to war and preparations were made present? DISCLOSURE OF SECRET DIPLOMA TIC and promises given by the President of the Mr. WAGNER. Mr. President-­ CORRESPONDENCE United States through the diplomatic bag." Mr. BILBO. I should like to make an Mr. SHIPSTEAD. Mr. President, let That was done when the present Prime observation while the Senator from New me say in the beginning that I do not rise Minister was not Prime Minister. York is present. to interfere with the progress of the bill I continue to quote the words of the Mr. WAGNER. Mr. President, I should before the Senate. I do not intend to member of Parliament: · like to make an observation. discuss the pending bill. I intend tore­ I am told that while the present Prime Mr. SHIPSTEAD. Mr. President, if fer to a matter which in my opinion is Minister was First Lord of the Admiralty there is to be any controversy, I shall not of such great importance that it ought to under the late Neville Chamberlain- yield. I understand that the Senator be called to the attention of the Con­ That was when the present Prime from New York wishes to file a report. gress of the United States. It deals with Mr. WAGNER. Yes. Minister was head of the British admir­ a newspaper dispatch from London, Eng­ alty, and when Chamberlain was Prime Mr. SHIPSTEAD. I yield for that pur­ land, which has passed through the Brit­ pose. Minister and head of the British Gov­ ish censor. It deals with the debate in ernment- Mr. WAGNER. Mr. President, I ask the Parliament of Great Britain. That unanimous consent that during the re­ he still was carrying on this campaign debate was participated in by members behind the back of his Prime Minister- cess of the Senate I may be permitted of the three parties represented in the to submit the report of the conference British Parliament, and it is of such a ! am quoting the words of a member on the 0. P. A. bill. grave character that it reflects upon the of the British Parliament- The PRESIDING OFFICER. Is there integrity not only of the Government of engaging in the exchange of letters through objection to the request of the Senator the United States, but also, to some ex­ the diplomatic bag in order to find out the from New York? The Chair hears none, strength of American support and whether tent, upon the integrity of the Govern­ America could be depended upon to come and it is so ordered. ment of Great Britain. I am amazed Mr. BILI}O. Mr. President, will the into the war. Senator from Minnesota yield to me so that the British censor should pass it, That was before but because the British censor has passed was Prime Minister. At that time he had that I may make an observation to the it, I assume that it has the imprimatur Senator from N~w York [Mr. WAGNER]? the status of a private citizen. Mr. SHIPSTEAD. Mr. President, in of the British Government. I quote further from the words of the my experience an observation in the We hear much gossip, anq many Member of the British Parliament: Senate may require a long time. stories have been peddled around for It is said that 1f Ramsay were re-leased- years, and no one has said anything Mr. BILBO. I shall require less than Ramsay was a member of Parliament, 1 minute. May I have the Senator's about them; but because the Parliament of a foreign government has officially and is now in jail- permis~ion. taken cognizance of it, it seems to me to it would be extremely dangerous and difficult Mr. SHIPSTEAD. Does the Senator for him to be going around substantiating say 1 minute? be the duty of the Congress of the United these things and stating that they are true, Mr. BILBO. I shall require less than States also to take cognizance of it, since and therefore that he is being held because 1 minute. it reflects upon the integrity of our own the Prime Minister does not want him to be Mr. SHIPSTEAD. I am glad to yield Government. liberated. • with that understanding. I wish to read the dispatch for the So we have this controversy, with a Mr. BILBO. Mr. President, I join with RECORD. It is a dispatch from London, member of Parliament held in jail with­ the Senator from South Carolina [Mr. passed by the British censor, on June 16. out a trial or a hearing, under a directive MAYBANK] in making a very special re­ The headline reads as follows: known as 18-B. · quest of the Senator from New York, Commons told F. D. R. pledged aid before Mr. WHEELER. Mr. President, will who is chairman of the Committee on war-M. P. says Churchill got promise. the Senator yield? 1944 CONGRESSIONAL RECORD-SENATE 6177 Mr. SIDPSTEAD. I will, if the Sen­ Mr. WHEELER. He would be sent why he should have been tried in a ator wishes to ask a question. back to be tried in England. That is British secret court. Mr. WHEELER. I was going to say what aroused my interest in the matter. Mr. SHIPSTEAD. The question is, that my understanding of the matter is I received no reply from Mr ..Kennedy, Was the secret code of the Diplomatic that Ramsay was put in jail under one although he did call me on the tele­ Service used for the benefit of Mr. of the war powers. phone. Churchill who was not the head of a Mr. SHIPSTEAD. That is correct. My understanding is that no foreigner foreign government? Mr. WHEELER. But Tyler Kent is an is allowed to use the American code. It Mr. WHEELER. At the time the American citizen who was working for is· my understanding that at the time member of Parliament, Mr. Ramsay, the American Embassy in London. He under discussion Mr. Churchill was the made some statement or some inquiry in was charged in a British court, and was First Lord of the Admiralty in Mr. Parliament, he was immediately taken tried in a secret British court for stealing Chamberlain's cabinet. He could not out of Parliament and put into what from the American Embassy or, rather, use the British code. In other words, amounted to a concentration camp. He for embezzling certain papers and for he would not dare to use the British was tried, but he was taken away under showing certain correspondence or ca­ code, if the information which came to the War Powers Act, and has been away blegrams between Mr. Churchill and me from Mrs. Kent is correct. for 3 or 4 years. The question relating President Roosevelt. For that he was Mr. SHIPSTEAD. He could not use to the situation is now before Parlia­ tried in a British secret court, and was the code without the consent of Cham­ ment, and, as the Senator from Minne­ sent to jail. berlain. sota has said, a discussion has takim Mr. SHIPSTEAD. That is correct. Mr. WHEELER. No; and, of course, , place on the floor of Parliament between Mr. WHEELER. Mrs. Kent came to he would not use it to send the kind of Members of that body. A report of the see me some time ago. I may state that a message which was sent. So he was discussion was sent out reflecting upon she is from a very respectable Virginia permitted to use the American code, our Government, the President, and cer­ family, and her husband served for a which, in my judgment, as I understand tainly upon Mr. Churchill. It reflects long time in the Consular Service. She the law, is not to be used by any for­ upon our State Department. The Brit­ came to see me, and told me her son was eigner. I may be entirely wrong about ish let the :report go out through the charged and tried, and was put in jail it. However, I received no satisfactory censor. The report arrived in this for 7 years. I was unable to believe that answer as to why this American boy was country and was published in newspapers an American boy connected with the tried in a British secret court. I cannot here. American Embassy could be tried in a understand why our State Department Frankly, I think the entire matter secret British court, under the or our Government permitted it. The should be gone into. I think the Judi­ and under the laws of the United States. boy had been in the . ciary Committee of the Senate should So I wrote a letter to Secretary Hull, ask­ for a long time. He had been in Russia find out how an American boy could be ing him how it was that an American for some time. He was taken out of .tried in a British secret court for hav­ boy could be tried in a secret British Russia because, as I understand, he be­ ing done something against our own court for stealing, or embezzling, or ·get­ came very anti-Communist there, and Embassy. ting hold of papers which went through was transferred to London. He went to · Mr. WHERRY. Mr. Presir:erit, will the the American Embassy. I received no Russia, a-s I understand, with Mr. Bullitt, Senator yield? answer to that letter. Because of the and was then employed in London as a Mr. SIDPSTEAD. I yield. fact that Mr. Joseph P. Kennedy was at code clerk. He was decoding messages Mr. WHERRY. Does the Senator from that time American to which passed between Mr. Churchill and ·Montana care to express an opinion as to Great Britain, I sent him a· copy of the Mr. Roosevelt. He then made copies of what legality there could be for the Brit­ letter. the messages, and very foolishly showed ish court to take jurisdiction in this As I said, I received no response to my them to a member of Parliament, and case? letter. But the State Department did also to a Russian woman. Mr. WHEELER. I have never found send Mr. Shaw, of the State Department, Mr. BUSHFIELD. Mr. President, will out. The boy was a code clerk. My un­ to see me. the Senator yield? derstanding is that he made photostatic It seems, according to information Mr. SHIPSTEAD. I yield. copies of certain information and took which has been verified, that the boy Mr. BUSHFIELD. Does the Senator them to his room. So what he did was got hold of certain cablegrams and made have any information with regard to stealing or embezzling from the Ameri­ photostatic copies of them, as I under­ how Mr. Churchill obtained possession of can Embassy. The American Embassy is stand, and showed them to other per­ our code? within the jurisdiction of the United sons. I understand that he showed them Mr. WHEELER. As I have already States and not the British Government. to a Russian woman. said, I do not know how he obtained The American Embassy in England does Mr. SHIPSTEAD. And to a member of possession of it, or how anyone would be not come under the jurisdiction of the Parliament, Mr. Ramsay. permitted to have the code. When British Government any more than does Mr. WHEELER. Yes; he also showed Mrs. Kent, who is a very fine lady, who~e the British Embassy here in the United them to a member of Parliament. husband was in the Consular Service States come under our jurisdiction. Of course, that was a very serious for many years, and of whom everyone Mr. CONNALLY . Mr. President, will thing. No one would uphold Kent in speaks very highly and says that she is the Senator yield? what he did. a lady of excellent reputation, came Mr. SHIPSTEAD. I yield. I cannot understand how 'an Ameri­ to me and told me the story, I said that Mr. CONNALLY. I do not wish to in­ can citizen could be tried in a British . there was nothing which I could do ex­ terrupt the Senator at this point, but secret court. I understand that our cept to inquire from the State Depart­ when he concludes I expect to make a State Department paid a lawyer to help ment and endeavor to ascertain how the statement with regard to this matter. defend him. But our State Department, boy was tried. I received no letter from Mr. SHIPSTEAD. I continue to quote in so doing, was hiring someone to de­ the State Department, but Mr. Shaw from the honorable member of Parlia­ fend the boy against the charge of hav­ came to see me and told me that they ment who stated: ing done something against the Ameri­ were very much worried because of the It is said that if Ramsay were released it can Embassy. The boy is still in jail. fact that the Russian woman had ob- . would be extremely dangerous and diiDcult What would happen if we should arrest tained the information which the boy for him to be going around substantiating a member of the British Embassy here had decoded. I believe the Russian these things and stating that they are true, and endeavor to try him in an American woman was a white Russian, and fear and, there!ore, that he is being held because secret court? Of course, the British had been expressed because she was be­ the Prime Minister does not want him to be Government would immediately protest, lieved to be opposed to the Communists, liberated. · and we would not try him in a secret and that she might convey the informa­ The news article continued as follows: or a public court. tion which she had received to Hitler and In the course of the debate Minister ot Mr. SHIPSTEAD. He would be sent his gang. Reprehensible as it was for Home Security Herbert Morrison, whose duty back to England to be tried under the the boy to have done what he did, there it is to enforce regulation 18-B, disclosed laws of England. still is no answer to the question as to that since it was put into force 1,829 persons 6178 CONGRESSIONAL RECORD-SENATE JUNE 19 have been detained without trial. The maxi­ sured American mothers and fathers it and let us hear about it. If they had mum at any one time was 1,428 in August· that their boys would never be sent over­ not, I doubt not the Senator from Min­ 1940. He said that releases had reduced the number to 429 last July and cut the number seas in conflict? nesota would have been on the floor de­ to 226 by May 31. Mr. SHIPSTEAD. I cannot speak by nouncing the British Government for The long debate was opened when Irving the record as to that, except from what keeping this information from us, not Albery, Conservative, moved that the regu­ is revealed in the debates in the House of allowing us to know about this transac­ lation be reconsidered and el}forcement be Commons of Britain, participated in by tion supposedly occurring between Mr. taken from Morrison. members of all three political parties in Churchill, when he was Lord of the Ad­ Morrison has charge of the regulation Britain. This refers to a time when the miralty, and· President Roosevelt. and imprisonment of these people. present Prime Minister was not Prime Mr. SHIPSTEAD. Mr. President, will Minister, when he was in the minority, the Senator yield? Albery asked that a special tribunal be had the status of a private citizen. given power to determine whether in the Mr. CONNALLY. I yield. case of Ramsay the house was not being un­ I do not know very much about Eng­ Mr. SHIPSTEAD. We do not get Han­ wisely deprived of the services of one of its lish law, but in the United States if a sard, the record of the debates in the . members, and if ' the electors of Ramsay's private citizen undertakes to negotiate British Parliament, as soon as we get constituency -were not being deprived of with a foreign government, not going newspaper reports passed by the British representation. He questioned whether the through the State Department, he is vio­ censor. There is nothing here to indi­ regulation is not "dangerous to the constitu­ lating the law of the land. A private cate that any member of the Parliament tion of the country." citizen in Britain may negotiate with a Albery's motion was supported by Com­ denied the charges that were made by mander Archibald Southby, another Con­ foreign government, under the laws of the honorable member who discussed the servative. He charged that under 18-B there Britain, for aught I know. i3ut that of matter. It was discussed as a fact. No is no judicial safeguard for the liberty of the itself is not so important as the fact that question was raised as to the facts in the citizen against acts of the executive power this is an official debate, in the Parlia­ case. The only question was, "What are and contended that detainees should have a ment of an Allied government, and that we to do about it?" public trial "at the earliest possible moment." it passed the censorship to the people of Mr. CONNALLY. The Senator says Geoffrey Mander- the United States. I think that is sig­ no one denied some statement. Does the Geoffrey Mander, I understand, was nificant. It is not gossip, it is official, fact that no one denied it make it true? secretary to the present Prime Minister, and therefore I felt it my duty to call it Mr. President, since this matter has Winston Churchill, before he became officially to the attention of the Congress arisen on the floor, let me say that I Prime Minister, and therefore must have of the United States, because it is a re­ have had some contacts with the legal had knowledge of these things. The ar­ flection on the integrity of the Govern­ officer in the Department of State, and f ticle continues- ment of the United States, whatever the find this to be the case about this mat­ a Liberal, defended regulation 18-B, but British people may think of the reflection ter: Young Kent ·was an empioyee of the urged that a committee of the house be se­ on their present Prime Minister. American Em bass~. He became involved lected to go into the question of expelling I am not saying this is true, I am only with a little group in England, member Ramsay from its membership. calling it to the attention of the Senate of Parliament Ramsay, a Russian wom­ MORRISON SILENT ON CHARGES that an official parliamentary body of an an, and others who were conspiring to At this point McGovern took the floor and Allied government has made these reflec­ violate and did violate English law. It t~ld of conversations he said he had with tions upon the integrity of the Govern­ was not alone a breach of trust to the Ramsay before the war. He added that his ment of the United States. I do not know Government by which he was employed, conclusion was that "Ramsay ought rather to what can be done, as we are about to but in his activity in connection with this be in a mental institution than in a criminal adjourn, but it seems to me important group in England he was violating the place of detention." that a committee of the Senate, either British law, the Defense of the Realm Security Minister Morrison refused to dis­ the Judiciary Committee or the Foreign cuss the charges against Ramsay, saying that Act. The British have laws dealing not if he did so he would have to disclose in­ Relations Committee, should take some only with the extraction of documents, formation which might be of value to the cognizance of the matter. We cannot but the conveying of information con­ enemy "about what I know about the enemy's afford to ignore it, as we can afford to cerning the documents to }3ritish citizens, espionage service and information about the ignore gossip in the newspapers. Here and in that way the young man violated British security service as well." He made is an article, passed by the British censor, the British law. no mention of McGovern's Roosevelt­ which therefore must have the imprima­ The State Department says that the Churchill charge. tur of the British Government, for what British Government before prosecution Mr. HOLMAN. Mr. President-- purpose I cannot say. submitted the documents to the United The PRESIDING OFFICER