The Committee has consistently lived up to its position that under the Executive order a war industry employer, needing workers, may not deny employment to an available worker solely because of race, creed, color, or national origin, nor may the employer refuse to utilize such workers at the skills to which they have been trained. The Committee has never urged that a war employer take any quota of minority workers. Moreover, these limited and definite objectives are well known to other departments and agencies of the Government with whom the Fair Employment Practice Committee works in close contact and with many of whom it has mutually satisfactory written agreements on the procedures of eliminating discrimination.

During the last year, and in strict conformity with these procedures, the Committee has received 3,000 complaints, obtained satisfactory adjustment of nearly 900 cases, and has dismissed as many or more cases for lack of jurisdiction or because the complaints did not stand up as valid under Committee examination. Before this issue arose respecting newspapers as such, the Committee consistently made it clear that war industries which insert advertisements in any medium for war workers on a discriminatory basis are acting contrary to the provisions of Executive order 9346. The Committee still holds that a war employer, in the face of stringent employment needs, should not arbitrarily deny employment to any American.

Whether in any particular case the advertisement for war workers is discriminatory, is a question which must be decided upon the facts.

In extenuation of this rather lengthy letter may I add that my personal feelings are engaged because the Dallas News and the Journal gave me my first reportorial experience.

With personal regards,

Sincerely yours,

MALCOLM Ross, Chairman.

(Following statement attached to foregoing letter:)

COMMITTEE STATEMENT OF POLICY IN RE JURISDICTION OVER NEWSPAPERS

The Committee has given careful consideration to the question whether activities of newspapers are such that they should be classified as war industries as that term is used in Executive order 9346. In drawing a line between war industries and nonwar industries the Committee recognizes that even though an industry may be engaged in an activity listed by the War Manpower Commission as essential, it does not necessarily follow that the industry is a war industry within the meaning of Executive Order 9346. The Committee has concluded that the term "war industry" is limited to enterprises engaged in (1) activities involved in the production of war materials, and (2) activities necessary for the maintenance of the production of war materials.

For the purpose of discharging its obligations under Executive order 9346, the Committee holds that the publication and circulation of newspapers of general circulation are not activities necessary for the maintenance of the production of war materials. Accordingly, it holds that newspapers of general circulation are not war industries.

Mr. Ross. In the last part of the letter I tried to rationalize, and explain to Mr. Dealy why the stoppage of employment by a discriminatory ad should properly be a subject of interest under our Executive order.

Let me cite you a case where Senator Chavez, of New Mexico, pointed out to the Committee that Mexican-Americans were being denied employment because the ad said, "No Mexicans need apply.' We intervened there and requested them to stop that advertising, and it was stopped. These Mexican girls got jobs and everybody was happy about it.

I point out that before the Dallas News undertook a campaign in this matter, many requests had been made to war industries in that locality not to advertise discriminatorily, and they had all withdrawn their ads except in one case, that of the Beauty Cover Co., who had withdrawn their ad but subsequently objected to the procedure in its

entirety. And there, too, we found that they were not in war industry and I withdrew the proceedings.

Mr. FISHER. In other words, under the terms of the pending bill that we are now studying, which does not deal with war industries as such, but deals with those industries which would come within the purview of the bill, wou would have jurisdiction over a similar situation with respect to the Dallas News, would you not?

Mr. Ross. Mr. Maslow, you are a lawyer; would you answer that? Mr. MASLOW. That would depend on whether the Dallas News would be interpreted as being engaged in interstate commerce. Mr. FISHER. Let us assume that it is.

Mr. MASLOW. If the Dallas News, by hypothesis, was engaged in interstate commerce, I assume that would be a violation of the terms of the bill; if it is a violation of the bill to discriminate against a person because of his race, it is a violation of the bill to announce publicly that you are discriminating.

Mr. FISHER. In other words, anyone in this country engaged in interstate commerce under the terms of the pending bill would not be allowed to run a classified ad for colored people, white people, or any other particular kind?

But if

Mr. MASLOW. That does not follow, sir, because the particular advertisement would have to be an advertisement of an employer who was subject to the jurisdiction of the new Commission. an employer were forbidden by the terms of the bill to discriminate, it would seem to me under the bill he likewise would be forbidden to advertise in a discriminatory fashion.

Mr. FISHER. In other words, you call it discrimination to designate the color of the people you want to work for you for a particular job? Mr. MASLOW. Well, wouldn't you?

Mr. FISHER. No, sir; I would not.

Mr. MASLOW. If it is discrimination to hire a person because of his race, or refuse to hire him, is it not discrimination to announce publicly that you will refuse to hire him because of his race?

Mr. FISHER. I begin to understand the slant you people have on this whole problem. There are lots of jobs for which Negroes would not be suitable and there are jobs that a white person would not be suitable for at all; and I would not want to annoy the prospective applicant with answering the advertisement, if he should not be suitable for the job, and I would not want to trespass on the freedom of the press.

Mr. MASLOW. If there are certain situations where a white man would not be qualified, it would not be a violation of the act, because the issue is qualification alone.

Mr. FISHER. I understand, but who passes upon that?

Mr. MASLOW. It would be passed upon at a hearing conducted under the traditional American system, where both sides are given an opportunity to appear.

Mr. FISHER. It would be passed upon by the F. E. P. C., would it not?

Mr. MASLOW. Initially, subject to court review.

Mr. Ross. Mr. Fisher, we have studied the problem of the South. I do not wish to be put in the role of one who is unsympathetic to the South. I have lived there for 15 years. I have worked there. It is

a matter of great concern to me. I put before you the fact that segregation in industry is not really the normal pattern of the South.. I think you are exaggerating the problem by your intense interest in this subject.

Mr. FISHER. Let me ask you one or two other questions, as there is now a quorum call in the House. Your organization has been operating a little more than a year under the present set-up?

Mr. Ross. That is correct.

Mr. FISHER. How many employees do you have?

Mr. Ross. About 110.

Mr. FISHER. How many of those are Negro and how many are white?

Mr. Ross. The proportion runs about 68 to 45. I have been asked this question many times and I recall those as the approximate figures.

Mr. FISHER. What is the average salary paid to the personnel of the present F. E. P. C.?

Mr. Ross. I have submitted that for the record.

Mr. FISHER. That is fine; I did not know that.

Mr. SCANLON. That is contained in the Senate hearings, too, is it not?

Mr. Ross. Yes, it is.

Mr. FISHER. How many regional offices do you have?

Mr. Ross. We have 11; 9 of those are actually regional offices and 2 of them are suboffices.

Mr. FISHER. Of those 11, how many of the regional directors are Negroes?

Mr. Ross. Five Negroes and six whites.

Mr. FISHER. Five Negroes and six whites at the present time?
Mr. Ross. Yes.

Mr. FISHER. On your committee, the Committee on Fair Employment Practice, there are four white and two colored?

Mr. Ross. Five whites and two colored, appointed by the President of the United States.

Mr. FISHER. I wonder if you would insert in the record, if you have not already done so, a break-down showing the number of white and colored and the salaries paid to them in the various branches; for instance, the Chairman's office, the Administrative office, the operations Section, Review and Analysis, and so forth.

Mr. Ross. It is already in exactly that detail, but I will check on that.

The CHAIRMAN. It is in the Congressional Record, too, is it not? Mr. Ross. It is in the Congressional Record, but not in quite accurate form. Mr. Rankin erred in one or two particulars.

Madam Chairman, may I have leave to file one or two other statements for the record?

The CHAIRMAN. We shall be very glad to have any statements you wish to include in the record, Mr. Ross.

Mr. Ross. They are in rather rough form and I had hoped we would have an opportunity to give them verbally. But may I have permission to put them in later?

The CHAIRMAN. Yes.

60811-44-vol. 1- -16

Mr. Ross. There are some exhibits having to do with the work of the F. E. P. C. that I think are pertinent to the long-range view of the problem.

(The matter referred to is as follows:)

EXECUTIVE ORDER No. 8802

REAFFIRMING POLICY OF FULL PARTICIPATION IN THE DEFENSE PROGRAM BY ALL PERSONS, REGARDLESS OF RACE, CREED, COLOR, OR NATIONAL ORIGIN, AND DIRECTING CERTAIN ACTION IN FURTHERANCE OF SAID POLICY

WHEREAS it is the policy of the United States to encourage full participation in the national defense program by all citizens of the United States, regardless, of race, creed, color, or national origin, in the firm belief that the democratic way of life within the Nation can be defended successfully only with the help and support of all groups within its borders; and

WHEREAS there is evidence that available and needed workers have been barred from employment in industries engaged in defense production solely because of consideration of race, creed, color, or national origin, to the detriment of workers morale and of national unity:

Now, THEREFORE, by virtue of the authority vested in me by the Constitution and the statutes, and as a prerequisite to the successful conduct of our national defense production effort, I do hereby reaffirm the policy of the United States that there shall be no discrimination in the employment of workers in defense industries or government because of race, creed, color, or national origin, and I do hereby declare that it is the duty of employers and of labor organizations, in furtherance of said policy and of this order, to provide for the full and equitable participation of all workers in defense industries, without discrimination because of race, creed, color, or national origin;

And it is hereby ordered as follows:

1. All departments and agencies of the Government of the United States concerned with vocational and training programs for defense production shall take special measures appropriate to assure that such programs are administered without discrimination because of race, creed, color, or national origin;

2. All contracting agencies of the Government of the United States shall include in all defense contracts hereafter negotiated by them a provision obligating the contractor not to discriminate against any worker because of race, creed, color, or national origin;

3. There is established in the Office of Production Management a Committee on Fair Employment Practice, which shall consist of a chairman and four other members to be appointed by the President. The Chairman and members of the Committee shall serve as such without compensation but shall be entitled to actual and necessary transportation, subsistence, and other expenses incidental to performance of their duties. The Committee shall receive and investigate complaints of discrimination in violation of the provisions of this order and shall take appropriate steps to redress grievances which it finds to be valid. The Committee shall also recommend to the several departments and agencies of the Government of the United States and to the President all measures which may be deemed by it necessary or proper to effectuate the provisions of this order. FRANKLIN D. ROOSEVELT.

THE WHITE HOUSE, June 25, 1941.

[F. R. Doc. 41-4544; Filed, June 25. 1941; 12:17 p. m]

EXECUTIVE ORDER

AMENDMENT OF SECTION 3 OF EXECUTIVE ORDER NO. 8802 OF JUNE 25, 1941, ESTABLISHING THE COMMITTEE ON FAIR EMPLOYMENT PRACTICE

By virtue of the authority vested in me by the Constitution and the statutes, section 3 of Executive Order No. 8802 of June 25, 1941, establishing the Committee on Fair Employment Practice, as amended by Executive Order No. 8823 of July 18, 1941, is hereby further amended to provide that the Committee shall consist of a chairman and six other members.

THE WHITE HOUSE, March 25, 1942.

FRANKLIN D. ROOSEVELT.

EXECUTIVE ORDER NO. 9346

FURTHER AMENDING EXECUTIVE ORDER NO. 8802 BY ESTABLISHING A NEW COMMITTEE ON FAIR EMPLOYMENT PRACTICE AND DEFINING ITS POWERS AND DUTIES

In order to establish a new Committee on Fair Employment Practice, to promote the fullest utilization of all available manpower, and to eliminate discriminatory employment practices, Executive Order No. 8802 of June 25, 1941, as amended by Executive Order No. 8823 of July 18, 1941, is hereby further amended to read as follows:

"WHEREAS the successful prosecution of the war demands the maximum employment of all available workers regardless of race, creed, color, or national origin; and

"WHEREAS it is the policy of the United States to encourage full participation in the war effort by all persons in the United States regardless of race, creed, color, or national origin, in the firm belief that the democratic way of life within the Nation can be defended successfully only with the help and support of all groups within its borders; and

"WHEREAS there is evidence that available and needed workers have been barred from employment in industries engaged in war production solely by reason of their race, creed, color, or national origin, to the detriment of the prosecution of the war, the workers' morale, and national unity:

"Now, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes, and as President of the United States and Commander in Chief of the Army and Navy, I do hereby reaffirm the policy of the United States that there shall be no discrimination in the employment of any person in war industries or in Government by reason of race, creed, color, or national origin, and I do hereby declare that it is the duty of all employers, including the several Federal departments and agencies, and all labor organizations, in furtherance of this policy and of this Order, to eliminate discrimination in regard to hire, tenure, terms or conditions of employment, or union membership because of race, creed, color, or national origin.

"It is hereby ordered as follows:

"1. All contracting agencies of the Government of the United States shall include in all contracts hereafter negotiated or renegotiated by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of race, creed, color, or national origin and requiring him to include a similar provision in all subcontracts.

"2. All departments and agencies of the Government of the United States concerned with vocational and training programs for war production shall take all measures appropriate to assure that such programs are administered without discrimination because of race, creed, color, or national origin.

"3. There is hereby established in the Office for Emergency Management of the Executive Office of the President a Committee on Fair Employment Practice, hereinafter referred to as the Committee, which shall consist of a Chairman and not more than six other members to be appointed by the President. The Chairman shall receive such salary as shall be fixed by the President not exceeding $10,000 per year. The other members of the Committee shall receive necessary traveling expenses and, unless their compensation is otherwise prescribed by the President, a per diem allowance not exceeding twenty-five dollars per day and subsistence expenses on such days as they are actually engaged in the performance of duties pursuant to this Order.

"4. The Committee shall formulate policies to achieve the purposes of this Order and shall make recommendations to the various Federal departments and agencies and to the President which it deems necessary and proper to make effective the provisions of this Order. The Committee shall also recommend to the Chairman of the War Manpower Commission appropriate measures for bringing about the full utilization and training of manpower in and for war production without discrimination because of race, creed, color, or national origin.

"5. The Committee shall receive and investigate complaints of discrimination forbidden by this Order. It may conduct hearings, make findings of fact, and take appropriate steps to obtain elimination of such discrimination.

"6. Upon the appointment of the Committee and the designation of its Chairman, the Fair Employment Practice Committee established by Executive Order No. 8802 of June 25, 1941, hereinafter referred to as the old Committee, shall cease to exist. All records and property of the old Committee and such unexpended balances of allocations or other funds available for its use as the Director