I quote the final clause of the resolution: Be it further Resolved, That the association record its support of the continued and strengthened activity of the Fair Employment Practice Committee (and) favor the establishment by act of Congress of a permanent Fair Employment Practice Committee * ** *. The present F. E. P. C. was an emergency body to meet a wartime need. This has made, and continues to make, unprecedented demands. upon American industry. Never before has it been asked to produce so much, and in so short a time. The great expansion program which became necessary threw hundreds of thousands into the factories and the shops. Added to this was the constant calling of men into the armed services. When labor shortages resulted, no one was surprised. But one fact stood out; There was a large reservoir of manpower which was not being touched-the Negro. It was hampering our war effort, it might even defeat it. The use of this Negro manpower-both available and necessary-became imperative. Hence, the Executive Order No. 8802, and the F. E. P. C. to encourage compliance with its provisions. The Industrial Commission of New York State, where I live, wrote of that period: America is engaged in an all-out war on the economic, psychological, and war fronts. All must participate. Unless they do, we shall be in a tough spot. Negroes form 9.8 percent of the population and 20 percent of the relief rolls. is incumbent upon us to employ this important part of the population * It * * The failure of industry to employ Negroes did not originate with the war and its needs. Rather, the need created by the war economy served to highlight and bring to general attention a condition which had long been prevalent. Industry was doing nothing new. In refusing to employ Negroes, industry was continuing "an established custom and practice which had existed in peacetime." We are already beginning to look toward a return to peacetime. Talk of reconversion of industry is in the air everywhere. We shall all be glad to have peacetime production again-and all the things we have gone without for so long. Shall we also reconvert to prejudice? Shall be reconvert to bigotry and discrimination in employment practices? Those who are opposed to the establishment of a permanent (or peacetime) F. E. P. Č., apparently would have us reconvert to prejudice and inequality of opportunity. Beulah Amidon, writing a few years ago in the Survey, said: Traditionally, Negroes have been restricted to hard, menial, dead-end jobs with wages below the earnings of white workers performing the same type of work in the same community. Shall we reconvert to that? A study by the Bureau of Employment Security in September 1941 disclosed that of 282,245 prospective openings in defense industry, 144,583 (51 percent) have been barred to Negroes as a matter of policy. This policy goes back to peacetime-it is not a product of the war. The Negro was not the only group thus affected. The Mexican was similarly handicapped. In the last 6 months of 1943, the present F. E. P. C. handled cases including "racial discrimination," creed, alienage, and national origin. I speak mainly of the Negro only because I am most familiar with him and his problem. The Associated Industries of Cleveland reported in 1941 that twothirds of all the concerns in that city with defense contracts have no Negroes in skilled or semiskilled work, and do not intend to do so. This explains, perhaps, why in Cleveland, Negroes compose 40 percent of the relief cases, and formerly 30 percent of the people on W. P. A., and 22 percent of all those registered at the Public Employment Service. The traditional peacetime policy of discrimination in employment because of race became sharply defined in the case of the aircraft industry in the early stages of the war. Again using 1941 as the time, one company (Vultee of Nashville) said: We do not believe it advisable to include colored people in our regular working force. We may at a later date be in a position to add some colored people in minor capacities such as porters and cleaners. Or take another aircraft company-again in 1941 (North American Aviation, Inc.): We will receive applications from both white and colored workers. However, the Negro will be considered only as janitors and in other similar capacities. * ** It is against the company policy to employ them as mechanics or aircraft workers. * * * There will be some jobs as janitors for Negroes. Regardless of their training as aircraft workers, we will not employ them * Mr. Donald Nelson, at one time, characterized such willful discrimi nation as tantamount to "treason." The first year and a half of F. E. P. C. saw many changes. Senator CHAVEZ. When was the date of the North American case? Reverend GILMARTIN. 1941. The first year and a half of F. E. P. C. saw many changes. Negro employment increased in commercial shipyards from 6,952 to 12,820; in Navy shipyards from 6,000 to 14,000; and in aircraft from zero to 5,000. Senator CHAVEZ. May I interrupt you again? Reverend GILMARTIN. Yes. Senator CHAVEZ. What is the status of conditions in the North American at this time, do you know? Reverend GILMARTIN. I attempted to get that but was not able to, Senator. I don't know. Senator CHAVEZ. Thank you. Reverend GILMARTIN. I do know that in a report published by the State War Council of New York by its subcommittee on discrimination in employment they attempted to bring to the attention of employers the good practices of other companies in order to help them, as they called it, to integrate Negroes in industry. They cited many aviation corporations as examples of good practices, but I looked in vain for Vultee and North American in that particular publication. That does not mean necessarily that they have not changed their policy. I do not know. In 1942 in New York City, for example, although the Negroes formed approximately 6 percent of the population, they still comprised 26 percent of all employed persons. In Buffalo, where they are around 3 percent of the population, they form 20 percent of the unemployed. These are official New York figures. At the end of 1943, the F. E. P. C. was adjusting cases at the rate of two per day. The number of cases for 1944 has shown an upward trend. Although this trend may stop-or even reverse itself—there will still be need of a F. E. P. C. after the war as well as now. Willful discrimination in employment of Negroes, or any other group, will still be treason, whether there is a war or not. It will be treason to the ideals of America and the purposes for which this war has been waged. If there is no F. E. P. C. after the war, and we reconvert to prejudice and discrimination, we can expect a wave of violence and terrorism against the Negro, the Mexican, and so forth, many times worse than that of 1919. Fundamental in our present day industrial society is the simple right of every human being to earn a living. "Jobs for all" is one of the crucial problems which confronts us as we look beyond this war. Whether we shall be able so to rearrange and maintain our economy as to provide jobs for all—and I mean all-remains to be seen. We all hope so.. Even if we should succeed in doing this, there would be need of a F. E. P. C. to make sure that members of minority groups were not discriminated against in the kind of jobs available to them. If we should not succeed, and this is the great fear in the hearts of people, there would be urgent need of a F. E. P. C. to prevent the minorities from being evicted entirely, or almost so, from the remunerative work picture of American economic life. The Negro has already been the last to be hired. We must not complete the old saying by making him also the first to be fired. As a matter of fact, jobs are the basis of the Negro's whole problem. The American Youth Commission, which conducted extensive studies, concluded that inability to find employment is the basic cause for the Negro's high rate of crime, delinquency, tuberculosis, pellagra, rickets, malnutrition, and broken families. It has become an American dogma that the Negro question is insoluble. It may be so, although I doubt it. But it seems to me that the F. E. P. C. is a new approach to the problem and one which goes very close to its roots. Gunnar Myrdal, the noted economist, who has recently completed a definitive study of the American Negro, reaches the conclusion that some new legislation, national in scope, is necessary to deal with the problem. I venture to say that this bill for a permanent F. E. P. C. if passed, might well mark a turning point for the Negro and all minorities in America. The members of this committee should know that there is an increased discontent among minority groups, a discontent which springs from the current talk that no action can be expected on this bill until after the election. Negro leaders especially want action now, not promises, from either or both parties, of post-election action. As a matter of fact, their faith in both political parties is strained to the breaking point, by what would seem to be "playing politics" with the simple rendering of justice to American minority groups. Failure to pass this bill now for a permanent F. E. PC. will surely break that faith on election day for countless Negroes of Republican and Democratic persuasion. Let me say one more thing in conclusion. Because this problem of discrimination has been with us so long, we are very apt to exaggerate the difficulty of doing anything about it. I do not say it is easy, for it is not. But the splendid record of achievement to datepartial as it is-demonstrates clearly that it can be done. The work of the present F. E. P. C. and, in my own State, of the Committee on Discrimination in Employment, indicates that the obstacles are not insurmountable. I believe the people themselves are more aware than ever before of the underlying purposes and principles for which this war has been fought. They are not content to have an American application of the Nazi doctrine of racial superiority. They are ready and willing aggressively to expand and extend democracy-not only to the peoples of the world, but to all the peoples within our own borders. A permanent F. E. P. C. now would assure nearly a million Negroes in the armed services that reconversion to peacetime production will not mean reconversion to prejudice. Passage of the fair employment practice bill now, as reconversion begins, would establish policy for all new employment. It would be a decisive step toward a freer and happier tomorrow. Senator CHAVEZ. Thank you, Dr. Gilmartin. May I make this observation before you leave the chair: I believe that I voice the sentiments of the Senator, my colleague, who has listened very patiently to the testimony on this bill, and I can express my own feelings. I am extremely sorry that, due to circumstances we could not help, other members of the committee have not been present, but it is our hope to present this bill to the full committee at the earliest possible moment for action. Reverend GILMARTIN. It is very nice to know that, Senator. Senator AIKEN. I want to say there is no difference of opinion among the members sitting on the subcommittee in that respect, but it is one thing to desire prompt action and another thing to get it. The business of many of the members of the subcommittee at this time has kept them away from this hearing. I can appreciate the desire of those having contests at home to be at home and not let their opponents do all the campaigning. It has been very difficult to get them here just before election. Reverend GILMARTIN. We appreciate the difficulties. Senator AIKEN. You may be sure we will do all we can to get action on it as soon as we can because, as I said the other day--I do not think you were here-if this is needed, if this law is needed it is needed before the time comes when we will have to use it in earnest, you might say, before the situation has got so bad that laws might not have the effect of controlling the discrimination as they would be if they were available to be used when they are needed. Reverend GILMARTIN. I am very appreciative of both your expressions of interest in the bill and your desire to push it as quickly as possible. I know there are difficulties in the way of getting prompt action however much one desires it, but I do repeat again I feel that the matter is urgent and that the groups concerned feel a sense of urgency about the matter. Senator CHAVEZ. I have always been of the opinion that basic law is more important than political pronouncements from any depart ment. Reverend GILMARTIN. Thank you. Senator CHAVEZ. Mr. Marshall. STATEMENT OF GEORGE MARSHALL, CHAIRMAN, NATIONAL FEDERATION FOR CONSTITUTIONAL LIBERTIES Mr. MARSHALL. My name is George Marshall. I am appearing as chairman of the National Federation for Constitutional Liberties, which is a national civil rights organization having the cooperation of professional, trade-union, farm, church, Negro, Jewish, and civic organizations and leaders in some 46 different States. Senator AIKEN. Does your organization have any connection with the Constitutional Liberties League or Civil Liberties League? Mr. MARSHALL. Well, I am not sure which organization you mean, Senator. It is not the Gannett organization to which we are strongly opposed, if that is the one you mean. Senator CHAVEZ. I think Mr. Hayes is connected with it. Mr. MARSHALL. The American Civil Liberties Union? Mr. MARSHALL. No; that is a different organization. The National Federation for Constitutional Liberties considers the right to work and to advancement regardless of race, color, creed, or national origin as a fundamental, constitutional liberty for which Americans have fought and died since the beginning of our country's history, and for which Americans fight today. The whole basis of the American democratic tradition has been the judging of a person solely on the basis of what he is, what he does, and what he is capable of doing, regardless of his race, religion, or ancestry. The antithesis of this American outlook is the Nazi doctrine of race superiority. This has led to the exclusion of Jewish people from most employments in the Nazi countries, to their segregation in ghettos, to the progressive annihilation of more than a million Jews. During the past few weeks the press has published snatches of the shocking story of the wholesale slaughter of many national minorities in the human abattoirs of the Nazis in Poland.. The Nazi racist policy has been likewise directed against the Negro people. One of their leading propagandists, Julius Streicher, stated at Nuremburg in 1941: The liberation of the black slaves was one of the two great crimes committed in the last two centuries. This vicious doctrine of racial and national superiority was an integral part of the Nazi strategy and program of world domination which plunged the world into this terrible war. The sensational progress now being made by our armed forces and that of our allies in smashing the armed power of the Nazis must be accompanied by the elimination of the Nazi doctrine and practice of race hatred and discrimination from our country. This is particularly important in the field of employment. Although the Nazis are being smashed on |