To Secure These Rights
when President of the United States Chamber of Commerce, made this point with vividness and clarity:
The withholding of jobs and business opportunities from some people does not make more jobs and business opportunities for others. Such a policy merely tends to drag down the whole economic level. You can't sell an electric refrigerator to a family that can't afford electricity. Perpetuating poverty for some merely guarantees stagnation for all. True economic progress demands that the whole nation move forward at the same time. It demands that all artificial barriers erected by ignorance and intolerance be removed. To put it in the simplest terms, we are all in business together. Intolerance is a species of boycott and any business or job boycott is a cancer in the economic body of the nation. I repeat, intolerance is destructive; prejudice produces no wealth; discrimination is a fool's economy.
Economic discrimination prevents full use of all our resources. During the war, when we were called upon to make an all-out productive effort, we found that we lacked skilled laborers. This shortage might not have been so serious if minorities had not frequently been denied opportunities for training and experience. In the end, it cost large amounts of money and precious time to provide ourselves with trained persons.
Discrimination imposes a direct cost upon our economy through the wasteful duplication of many facilities and services required by the "separate but equal" policy. That the resources of the South are sorely strained by the burden of a double system of schools and other public services has already been indicated. Segregation is also economically wasteful for private business. Public transportation companies must often provide duplicate facilities to serve majority and minority groups separately. Places of public accommodation and recreation reject business when it comes in the form of unwanted persons. Stores reduce their sales by turning away minority customers. Factories must provide separate locker rooms, pay windows, drinking fountains, and wash-rooms for the different groups.
Discrimination in wage scales and hiring policies forces a higher proportion of some minority groups onto relief rolls than corresponding segments of the majority. A study by the Federal Emergency Relief Administration during the depression of the Thirties revealed
that in every region the percentage of Negro families on relief was far greater than white families:
|Per cent of families on relief May, 1934|
|Border state cities||
Similarly, the rates of disease, crime, and fires are disproportionately great in areas which are economically depressed as compared with wealthier areas. Many of the prominent American minorities are confined by economic discrimination, by law, by restrictive covenants, and by social pressure to the most dilapidated, undesirable locations. Property in these locations yields a smaller return in taxes, which is seldom sufficient to meet the inordinately high cost of public services in depressed areas. The majority pays a high price in taxes for the low status of minorities.
To the costs of discrimination must be added the expensive investigations, trials, and property losses which result from civil rights violations. In the aggregate, these attain huge proportions. The 1943 Detroit riot alone resulted in the destruction of two million dollars in property.
Finally, the cost of prejudice cannot be computed in terms of markets, production, and expenditures. Perhaps the most expensive results are the least tangible ones. No nation can afford to have its component groups hostile toward one another without feeling the stress. People who live in a state of tension and suspicion cannot use their energy constructively. The frustrations of their restricted existence are translated into aggression against the dominant group. Myrdal says:
Not only occasional acts of violence, but most laziness, carelessness, unreliability, petty stealing and lying are undoubtedly to be explained as concealed aggression * * * The truth is that Negroes generally do not feel they have unqualified moral obligations to white people * * *. The voluntary withdrawal which has intensified the isolation between the two castes is also an expression of Negro protest under cover.
It is not at all surprising that a people relegated to second-class citizenship should behave as second-class citizens. This is true, in varying degrees, of all of our minorities. What we have lost in money, production, invention, citizenship, and leadership as the price for damaged, thwarted personalities -- these are beyond estimate.
The United States can no longer afford this heavy drain upon its human wealth, its national competence.
The International Reason
Our position in the postwar world is so vital to the future that our smallest actions have far-reaching effects. We have come to know that our own security in a highly interdependent world is inextricably tied to the security and well-being of all people and all countries. Our foreign policy is designed to make the United States an enormous, positive influence for peace and progress throughout the world. We have tried to let nothing, not even extreme political differences between ourselves and foreign nations, stand in the way of this goal. But our domestic civil rights shortcomings are a serious obstacle.
In a letter to the Fair Employment Practice Committee on May 8, 1946, the Honorable Dean Acheson, then Acting Secretary of State, stated that:
* * * the existence of discrimination against minority groups in this country has an adverse effect upon our relations with other countries. We are reminded over and over by some foreign newspapers and spokesmen, that our treatment of various minorities leaves much to be desired. While sometimes these pronouncements are exaggerated and unjustified, they all too frequently point with accuracy to some form of discrimination because of race, creed, color, or national origin. Frequently we find it next to impossible to formulate a satisfactory answer to our critics in other countries; the gap between the things we stand for in principle and the facts of a particular situation may be too wide to be bridged. An atmosphere of suspicion and resentment in a country over the way a minority is being treated in the United States is a formidable obstacle to the development of mutual understanding and trust between the two countries. We will have better international relations when these reasons for suspicion and resentment have been removed.
I think it is quite obvious * * * that the existence of discriminations against minority groups in the United States is a handicap in our relations with
other countries. The Department of State, therefore, has good reason to hope for the continued and increased effectiveness of public and private efforts to do away with these discriminations.
The people of the United States stem from many lands. Other nations and their citizens are naturally intrigued by what has happened to their American "relatives." Discrimination against, or mistreatment of, any racial, religious or national group in the United States is not only seen as our internal problem. The dignity of a country, a continent, or even a major portion of the world's population, may be outraged by it. A relatively few individuals here may be identified with millions of people elsewhere, and the way in which they are treated may have world-wide repercussions. We have fewer than half a million American Indians; there are 30 million more in the Western Hemisphere. Our Mexican American and Hispano groups are not large; millions in Central and South America consider them kin. We number our citizens of Oriental descent in the hundreds of thousands; their counterparts overseas are numbered in hundreds of millions. Throughout the Pacific, Latin America, Africa, the Near, Middle, and Far East, the treatment which our Negroes receive is taken as a reflection of our attitudes toward all dark-skinned peoples.
In the recent war, citizens of a dozen European nations were happy to meet Smiths, Cartiers, O'Haras, Schultzes, di Salvos, Cohens, and Sklodowskas and all the others in our armies. Each nation could share in our victories because its "sons" had helped win them. How much of this good feeling was dissipated when they found virulent prejudice among some of our troops is impossible to say.
We cannot escape the fact that our civil rights record has been an issue in world politics. The world's press and radio are full of it. This Committee has seen a multitude of samples. We and our friends have been, and are, stressing our achievements. Those with competing philosophies have stressed -- and are shamelessly distorting -- our shortcomings. They have not only tried to create hostility toward us among specific nations, races, and religious groups. They have tried to prove our democracy an empty fraud, and our nation a consistent oppressor of underprivileged people. This may seem ludicrous to Americans, but it is sufficiently important to worry our friends. The following
United Press dispatch from London proves that (Washington Post, May 25, 1947):
Although the Foreign Office reserved comment on recent lynch activities in the Carolinas, British diplomatic circles said privately today that they have played into the hands of Communist propagandists in Europe * * *.
Diplomatic circles said the two incidents of mob violence would provide excellent propaganda ammunition for Communist agents who have been decrying America's brand of "freedom" and "democracy."
News of the North Carolina kidnaping was prominently displayed by London papers * * *.
The international reason for acting to secure our civil rights now is not to win the approval of our totalitarian critics. We would not expect it if our record were spotless; to them our civil rights record is only a convenient weapon with which to attack us. Certainly we would like to deprive them of that weapon. But we are more concerned with the good opinion of the peoples of the world. Our achievements in building and maintaining a state dedicated to the fundamentals of freedom have already served as a guide for those seeking the best road from chaos to liberty and prosperity. But it is not indelibly written that democracy will encompass the world. We are convinced that our way of life -- the free way of life -- holds a promise of hope for all people. We have what is perhaps the greatest responsibility ever placed upon a people to keep this promise alive. Only still greater achievements will do it.
The United States is not so strong, the final triumph of the democratic ideal is not so inevitable that we can ignore what the world thinks of us or our record.
Your Committee has reviewed the American heritage and we have found in it again the great goals of human freedom and equality under just laws. We have surveyed the flaws in the nation's record and have found them to be serious. We have considered what government's appropriate role should be in the securing of our rights, and have concluded that it must assume greater leadership.
We believe that the time for action is now. Our recommendations for bringing the United States closer to its historic goal follow.
I. To strengthen the machinery for the protection of civil rights, the President's Committee recommends:
1. The reorganization of the Civil Rights Section of the Department of Justice to provide for:
The establishment of regional offices;
A substantial increase in its appropriation and staff to enable it to engage in more extensive research and to act more effectively to prevent civil rights violations;
An increase in investigative action in the absence of complaints;
The greater use of civil sanctions;
Its elevation to the status of a full division in the Department of Justice.
The creation of regional offices would enable the Civil Rights Section to provide more complete protection of civil rights in all sections of the country. It would lessen its present complete dependence upon United States Attorneys and local FBI agents for its work in the field. Such regional offices should be established in eight or nine key cities throughout the country, and be staged with skilled personnel drawn from the local areas. These offices should serve as receiving points for complaints arising in the areas, and as local centers of research, investigation, and preventive action. Close cooperation should be maintained between these offices, local FBI agents, and the United States Attorneys.
The Department of justice has suggested that heads of these regional offices should have the status of Assistant United States Attorneys, thereby preserving the centralization of federal criminal law enforcement. The President's Committee is fearful that under this plan the
goal of effective, courageous, and nonpolitical civil rights protection in the field will not be reached unless satisfactory measures are taken to prevent these assistants from becoming mere political subordinates within the offices of the United States Attorneys.
Additional funds and personnel for research and preventive work would free the Civil Rights Section from its present narrow status as a prosecutive agency. Through the use of properly developed techniques and by the maintenance of continuous checks on racial and other group tensions, much could be done by the Section to reduce the number of lynchings, race riots, election irregularities, and other civil rights violations. Troublesome areas, and the activities of organizations and individuals who foment race tensions could be kept under constant scrutiny.
A larger staff and field-office facilities would also make it possible for the Section to undertake investigations of suspected civil rights violations, without waiting for the receipt of complaints. There are many problems, such as the possible infringement of civil rights resulting from practices used in committing persons to mental institutions, which might be so studied. These investigations in the absence of complaints could also be combined with educational and mediation efforts to check chronic incidents of police brutality or persistent interferences with the right to vote.
The difficulty of winning convictions in many types of criminal civil rights cases is often great. The Committee believes that the Civil Rights Section should be granted increased authority, by Congress if necessary, to make appropriate use of civil sanctions, such as suits for damages or injunctive relief, suits under the Declaratory Judgment Act, and the right of intervention by means of briefs amicus curiae in private litigation where important issues of civil rights law are being determined.
Finally, the Committee urges congressional action raising the Civil Rights Section to full divisional status in the Department of justice under the supervision of an Assistant Attorney General. We believe this step would give the federal civil rights enforcement program prestige, power, and efficiency that it now lacks. Moreover, acceptance of the above recommendations looking toward increased activity by
the Civil Rights Section and the passage by Congress of additional civil rights legislation would give this change added meaning and necessity.
2. The establishment within the FBI of a special unit of investigators trained in civil rights work.
The creation of such a unit of skilled investigators would enable the FBI to render more effective service in the civil rights field than is now possible. At the present time, its investigators are concerned with enforcement of all federal criminal statutes. In some instances, its agents have seemingly lacked the special skills and knowledge necessary to effective handling of civil rights cases, or have not been readily available for work in this area.
These special agents should work in close harmony with the Civil Rights Section and its regional offices.
3. The establishment by the state governments of law enforcement agencies comparable to the federal Civil Rights Section.
There are large areas where, because of constitutional restrictions, the jurisdiction of the federal government as a protector of civil rights is either limited or denied. There are civil rights problems, unique to certain regions and localities, that can best be treated and solved by the individual states. Furthermore, our review of the work of the Civil Rights Section has persuaded us of the cardinal importance of developing specialized units for the enforcement of civil rights laws. We believe that this is true at the state level too. States which have, or will have, civil rights laws of their own, should buttress them with specially designed enforcement units. These would have the further effect of bringing the whole program closer to the people. They would also facilitate systematic local cooperation with the federal Civil Rights Section, and they would be able to act in the areas where it has no authority.
Here and elsewhere the Committee is making recommendations calling for remedial action by the states. The President's Executive Order invited us to consider civil rights problems falling within state as well
as federal jurisdiction. We respectfully request the President to call these recommendations to the attention of the states and to invite their favorable consideration.
4. The establishment of a permanent Commission on Civil Rights in the Executive Office of the President, preferably by Act of Congress;
And the simultaneous creation of a joint Standing Committee on Civil Rights in Congress.
In a democratic society, the systematic, critical review of social needs and public policy is a fundamental necessity. This is especially true of a field like civil rights, where the problems are enduring, and range widely. From our own effort, we have learned that a temporary, sporadic approach can never finally solve these problems.
Nowhere in the federal government is there an agency charged with the continuous appraisal of the status of civil rights, and the efficiency of the machinery with which we hope to improve that status. There are huge gaps in the available information about the field. A permanent Commission could perform an invaluable function by collecting data. It could also carry on technical research to improve the fact-gathering methods now in use. Ultimately, this would make possible a periodic audit of the extent to which our civil rights are secure. If it did this and served as a clearing house and focus of coordination for the many private, state, and local agencies working in the civil rights field, it would be invaluable to them and to the federal government.
A permanent Commission on Civil Rights should point all of its work towards regular reports which would include recommendations for action in the ensuing periods. It should lay plans for dealing with broad civil rights problems, such as those arising from the technological displacement and probable migration of southern Negroes to cities throughout the land. It should also investigate and make recommendations with respect to special civil rights problems, such as the status of Indians and their relationship to the federal government.
The Commission should have effective authority to call upon any agency of the executive branch for assistance. Its members should be appointed by the President with the approval of the Senate. They
should hold a specified number of regular meetings. A full-time director should be provided with an adequate appropriation and staff.
Congress, too, can be aided in its difficult task of providing the legislative ground work for fuller civil rights. A standing committee, established jointly by the House and the Senate, would provide a central place for the consideration of proposed legislation. It would enable Congress to maintain continuous liaison with the permanent Commission. A group of men in each chamber would be able to give prolonged study to this complex area and would become expert in its legislative needs.
5. The establishment by the states of permanent commissions on civil rights to parallel the work of the federal Commission at the state level.
The states should create permanent civil rights commissions to make continuing studies of prejudice, group tensions, and other local civil rights problems; to publish educational material of a civil rights nature; to evaluate existing legislation; and to recommend new laws. Such commissions, with their fingers on their communities' pulses, would complement at the state level the activities of a permanent federal Commission on Civil Rights.
6. The increased professionalization of state and local police forces.
The Committee believes that there is a great need at the state and local level for the improvement of civil rights protection by more aggressive and efficient enforcement techniques. Police training programs, patterned after the FBI agents' school and the Chicago Park District Program, should be instituted. They should be oriented so as to indoctrinate officers with an awareness of civil rights problems. Proper treatment by the police of those who are arrested and incarcerated in local jails should be stressed. Supplemented by salaries that will attract and hold competent personnel, this sort of training should do much to make police forces genuinely professional.
II. To strengthen the right to safety and security of the person, the President's Committee recommends:
1. The enactment by Congress of new legislation to supplement Section 51 of Title 18 of the United States Code which would impose the same liability on one person as is now imposed by that statute on two or more conspirators.
The Committee believes that Section 51 has in the past been a useful law to protect federal rights against encroachment by both private individuals and public officers. It believes the Act has great potential usefulness today. Greater efforts should be made through court tests to extend and make more complete the list of rights safeguarded by this law.
2. The amendment of Section 51 to remove the penalty provision which disqualifies persons convicted under the Act from holding public office.
There is general agreement that this particular penalty creates an unnecessary obstacle to the obtaining of convictions under the Act and that it should be dropped.
3. The amendment of Section 52 to increase the maximum penalties that may be imposed under it from a $1,000 fine and a one-year prison term to a $5,000 fine and a ten-year prison term, thus bringing its penalty provisions into line with those in Section 51.
At the present time the Act's penalties are so light that it is technically a misdemeanor law. In view of the extremely serious offenses that have been and are being successfully prosecuted under Section 52, it seems clear that the penalties should be increased.
4. The enactment by Congress of a new statute, to supplement Section 52, specifically directed against police brutality and related crimes.
This Act should enumerate such rights as the right not to be deprived of property by a public officer except by due process of law; the right to be free from personal injury inflicted by a public officer; the right to engage in a lawful activity without interference by a public officer; and the right to be free from discriminatory law enforcement resulting from either active or passive conduct by a public officer.
This statute would meet in part the handicap in the use of Section 52 imposed by the Supreme Court in Screws v. United Stases. This was the case in which the Court required prosecutors to establish that defendants had willfully deprived victims of a "specific constitutional right." In later prosecutions, the Civil Rights Section has found it very difficult to prove that the accused acted in a "willful" manner. By spelling out some of the federal rights which run against public officers, the supplementary statute would relieve the Civil Rights Section of this extraordinary requirement.
The Committee considered and rejected a proposal to recommend the enactment of a supplementary statute in which an attempt would be made to include a specific enumeration of all federal rights running against public officers. Such an enumeration would inevitably prove incomplete with the passage of time and might prejudice the protection of omitted rights. However, the committee believes that a new statute, such as the one here recommended, enumerating the rights for the protection of which Section 52 is now most commonly employed, is desirable.
5. The enactment by Congress of an anti-lynching act.
The Committee believes that to be effective such a law must contain four essential elements. First, it should define lynching broadly. Second, the federal offense ought to cover .participation of public officers in a lynching, or failure by them to use proper measures to protect a person accused of a crime against mob violence. The failure or refusal of public officers to make proper efforts to arrest members of
lynch mobs and to bring them to justice should also be specified as an offense.
Action by private persons taking the law into their own hands to mete out summary punishment and private vengeance upon an accused person; action by either public officers or private persons meting out summary punishment and private vengeance upon a person because of his race, color, creed or religion -- these too must be made crimes.
Third, the statute should authorize immediate federal investigation in lynching cases to discover whether a federal offense has been committed. Fourth, adequate and flexible penalties ranging up to a $10,000 fine and a 20 year prison term should be provided.
The constitutionality of some parts of such a statute, particularly those providing for the prosecution of private persons,. has been questioned. The Committee believes that there are several constitutional bases upon which such a law might be passed and that these are sufficiently strong to justify prompt action by Congress.
6. The enactment by Congress of a new criminal statute on involuntary servitude, supplementing Sections 443 and 444 of Title 18 of the United States Code.
This statute should make full exercise of congressional power under the Thirteenth Amendment by defining slavery and involuntary servitude broadly. This would provide a basis for federal prosecutions in cases where individuals are deliberately deprived of their freedom by public officers without due process of law or are held in bondage by private persons. Prosecution under existing laws is limited to the narrow, technical offense of peonage or must be based upon the archaic "slave kidnaping" law, Section 443.
7. A review of our wartime evacuation and detention experience looking toward the development of a policy which will prevent the abridgment of civil rights of any person or groups because of race or ancestry.
We believe it is fallacious to assume that there is a correlation between loyalty and race or national origin. The military must be
allowed considerable discretionary power to protect national security in time of war. But we believe it is possible to establish safeguards against the evacuation and detention of whole groups because of their descent without endangering national security. The proposed permanent Commission on Civil Rights and the Joint Congressional Committee might well study this problem.
8. Enactment by Congress of legislation establishing a procedure by which claims of evacuees for specific property and business losses resulting from the wartime evacuation can be promptly considered and settled.
The government has acknowledged that many Japanese American evacuees suffered considerable losses through its actions and through no fault of their own. We cannot erase all the scars of evacuation; we can reimburse those who present valid claims for material losses.
III. To strengthen the right to citizenship and its privileges, the President's Committee recommends:
1. Action by the states or Congress to end poll taxes as a voting prerequisite.
Considerable debate has arisen as to the constitutionality of a federal statute abolishing the poll tax. In four times passing an anti-poll tax bill, the House of Representatives has indicated its view that there is a reasonable chance that it will survive a. court attack on constitutional grounds. We are convinced that the elimination of this obstacle to the right of suffrage must not be further delayed. It would be appropriate and encouraging for the remaining poll tax states voluntarily to take this step. Failing such prompt state action, we believe that the nation, either by act of Congress, or by constitutional amendment, should remove this final barrier to universal suffrage.
2. The enactment by Congress of a statute protecting the right of qualified persons to participate in federal primaries and elections against interference by public officers and private persons.
This statute would apply only to federal elections. There is no doubt that such a law can be applied to primaries which are an integral part of the federal electoral process or which affect or determine the result of a federal election. It can also protect participation in federal election campaigns and discussions of matters relating to national political issues. This statute should authorize the Department of Justice to use both civil and criminal sanctions. Civil remedies should be used wherever possible to test the legality of threatened interferences with the suffrage before voting rights have been lost.
3. The enactment by Congress of a statute protecting the right to qualify for, or participate in, federal or state primaries or elections against discriminatory action by state officers based
on race or color, or depending on any other unreasonable classification of persons for voting purposes.
This statute would apply to both federal and state elections, but it would be limited to the protection of the right to vote against discriminatory interferences based on race, color, or other unreasonable classification. Its constitutionality is clearly indicated by the Fourteenth and Fifteenth Amendments. Like the legislation suggested under (2) it should authorize the use of civil and criminal sanctions by the Department of Justice.
4. The enactment by Congress of legislation establishing local self government for the District of Columbia; and the amendment of the Constitution to extend suffrage in presidential elections, and representation in Congress to District residents.
The American tradition of democracy requires that the District of Columbia be given the same measure of self-government in local affairs that is possessed by other communities throughout the country. The lack of congressional representation and suffrage in local and national elections in the District deprives a substantial number of permanent Washington residents of a voice in public affairs.
5. The granting of suffrage by the States of New Mexico and Arizona to their Indian citizens.
These states have constitutional provisions which have been used to disfranchise Indians. In New Mexico, the constitution should be amended to remove the bar against voting by "Indians not taxed." This may not be necessary in Arizona where the constitution excludes from the ballot "persons under guardianship." Reinterpretation might hold that this clause no longer applies to Indians. If this is not possible, the Arizona constitution should be amended to remove it.
6. The modification of the federal naturalization laws to permit the granting of citizenship without regard to the race, color, or national origin of applicants.
It is inconsistent with our whole tradition to deny on a basis of
ancestry the right to become citizens to people who qualify in every other way.
7. The repeal by the states of laws discriminating against aliens who are ineligible for citizenship because of race, color, or national origin.
These laws include the alien land laws and the prohibition against commercial fishing in California. The removal of race as a qualification for naturalization would remove the structure upon which this discriminatory legislation is based. But if federal action on Recommendation 6 is delayed, state action would be eminently desirable.
8. The enactment by Congress of legislation granting citizenship to the people of Guam and American Samoa.
This legislation should also provide these islands with organic acts containing guarantees of civil rights, and transfer them from naval administration to civilian control. Such legislation for Guam and American Samoa has been introduced in the present Congress.
9. The enactment by Congress of legislation, followed by appropriate administrative action, to end immediately all discrimination and segregation based on race, color, creed, or national origin, in the organization and activities of all branches of the Armed Services.
The injustice of calling men to fight for freedom while subjecting them to humiliating discrimination within the fighting forces is at once apparent. Furthermore, by preventing entire groups from making their maximum contribution to the national defense, we weaken our defense to that extent and impose heavier burdens on the remainder of the population.
Legislation and regulations should expressly ban discrimination and segregation in the recruitment, assignment, and training of all personnel in all types of military duty. Mess halls, quarters, recreational facilities and post exchanges should be non-segregated. Commissions and promotions should be awarded on considerations of merit only.
Selection of students for the Military, Naval, and Coast Guard academies and all other service schools should be governed by standards from which considerations of race, color, creed, or national origin are conspicuously absent. The National Guard, reserve units, and any universal military training program should all be administered in accordance with these same standards.
The Committee believes that the recent unification of the armed forces provides a timely opportunity for the revision of present policy and practice. A strong enunciation of future policy should be made condemning discrimination and segregation within the armed services.
10. The enactment by Congress of legislation providing that no member of the armed forces shall be subject to discrimination of any kind by any public authority or place of public accommodation, recreation, transportation, or other service or business.
The government of a nation has an obligation to protect the dignity of the uniform of its armed services. The esteem of the government itself is impaired when affronts to its armed forces are tolerated. The government also has a responsibility for the well-being of those who surrender some of the privileges of citizenship to serve in the defense establishments.
IV. To strengthen the right to freedom of conscience and expression the President's Committee recommends:
1. The enactment by Congress and the state legislatures of legislation requiring all groups, which attempt to influence public opinion, to disclose the pertinent facts about themselves through systematic registration procedures.
Such registration should include a statement of the names of officers, sources of financial contributions, disbursements, and the purposes of the organization. There is no question about the power of the states to do this. Congress may use its taxing and postal powers to require such disclosure. The revenue laws should be. changed so that tax returns of organizations claiming tax exemption show the suggested information. These returns should then be made available to the public.
The revenue laws ought also to be amended to require the same information from groups and organizations which claim to operate on a non-profit basis but which do not request tax exemption. The Committee also recommends further study by appropriate governmental agencies looking toward the application of the disclosure principle to profit-making organizations which are active in the market place of public opinion.
Congress ought also to amend the postal laws to require those who use the first-class mail for large-scale mailings to file disclosure statements similar to those now made annually by those who use the second-class mail: The same requirement should be adopted for applicants for metered mail permits. Postal regulations ought also to require that no mail be carried by the Post Office which does not bear the name and address of the sender.
2. Action by Congress and the executive branch clarifying the loyalty obligations of federal employees, and establishing standards and procedures by which the civil rights of public workers may be scrupulously maintained.
The Committee recognizes the authority and the duty of the government to dismiss disloyal workers from the government service. At the same time the Committee is equally concerned with the protection of the civil rights of federal workers. We believe that there should be a public enunciation by responsible federal officials of clear, specific standards by which to measure the loyalty of government workers.
It is also important that the procedure by which the loyalty of an accused federal worker is determined be a fair, consistently applied, stated "due process." Specific rules of evidence should be laid down. Each employee should have the right to a bill of particular accusations, representation by counsel at all examinations or hearings, the right to subpoena witnesses and documents, a stenographic report of proceedings, a written decision, and time to prepare a written brief for an appeal. Competent and judicious people should have the responsibility for administering the program.
The Attorney General has stated to the Committee in a letter, "It is my firm purpose, insofar as my office has control over this program, to require substantial observance of the safeguards recommended by the President's Committee."
V. To strengthen the right to equality of opportunity, the President's Committee recommends:
1. In general:
The elimination of segregation, based on race, color, creed, or national origin, from American life.
The separate but equal doctrine has failed in three important respects. First, it is inconsistent with the fundamental equalitarianism of the American way of life in that it marks groups with the brand of inferior status. Secondly, where it has been followed, the results have been separate and unequal facilities for minority peoples. Finally, it has kept people apart despite incontrovertible evidence that an environment favorable to civil rights is fostered whenever groups are permitted to live and work together. There is no adequate defense of segregation.
The conditioning by Congress of all federal grants-in-aid and other forms of federal assistance to public or private agencies for any purpose on the absence of discrimination and segregation based on race, color, creed, or national origin.
We believe that federal funds, supplied by taxpayers all over the nation, must not be used to support or perpetuate the pattern of segregation in education, public housing, public health services, or other public services and facilities generally. We recognize that these services are indispensable to individuals in modern society and to further social progress. It would be regrettable if federal aid, conditioned on non-segregated services, should be rejected by sections most in need of such aid. The Committee believes that a reasonable interval of time may be allowed for adjustment to such a policy. But in the end it believes that segregation is wrong morally and practically and must not receive financial support by the whole people.
A minority of the Committee favors the elimination of segregation
as an ultimate goal but opposes the imposition of a federal sanction. It believes that federal aid to the states for education, health, research and other public benefits should be granted provided that the states do not discriminate in the distribution of the funds. It dissents, however, from the majority's recommendation that the abolition of segregation be made a requirement, until the people of the states involved have themselves abolished the provisions in their state constitutions and laws which now require segregation. Some members are against the non-segregation requirement in educational grants on the ground that it represents federal control over education. They feel, moreover, that the best way ultimately to end segregation is to raise the educational level of the people in the states affected; and to inculcate both the teachings of religion regarding human brotherhood and the ideals of our democracy regarding freedom and equality as a more solid basis for genuine and lasting acceptance by the peoples of the states.
2. For employment:
The enactment of a federal Fair Employment Practice Act prohibiting all forms of discrimination in private employment, based on race, color, creed, or national origin.
A federal Fair Employment Practice Act prohibiting discrimination in private employment should provide both educational machinery and legal sanctions for enforcement purposes. The administration of the act should be placed in the hands of a commission with power to receive complaints, hold hearings, issue cease-and-desist orders and seek court aid in enforcing these orders. The Act should contain definite fines for the violation of its procedural provisions. In order to allow time for voluntary adjustment of employment practices to the new law, and to permit the establishment of effective enforcement machinery, it is recommended that the sanction provisions of the law not become operative until one year after the enactment of the law.
The federal act should apply to labor unions and trade and professional associations, as well as to employers, insofar as the policies and practices of these organizations affect the employment status of workers.
The enactment by the states of similar laws;
A federal fair employment practice statute will not reach activities which do not affect interstate commerce. To make fair employment a uniform national policy, state action will be needed. The successful experiences of some states warrant similar action by all of the others.
The issuance by the President of a mandate against discrimination in government employment and the creation of adequate machinery to enforce this mandate.
The Civil Service Commission and the personnel offices of all federal agencies should establish on-the-job training programs and other necessary machinery to enforce the nondiscrimination policy in government employment. It may well be desirable to establish a government fair employment practice commission, either as a part of the Civil Service Commission, or on an independent basis with authority to implement and enforce the Presidential mandate.
3. For education:
Enactment by the state legislatures of fair educational practice laws for public and private educational institutions, prohibiting discrimination in the admission and treatment of students based on race, color, creed, or national origin.
These laws should be enforced by independent administrative commissions. These commissions should consider complaints and hold hearings to review them. Where they are found to be valid, direct negotiation with the offending institution should be undertaken to secure compliance with the law. Wide publicity for the commission's findings would influence many schools and colleges sensitive to public opinion to abandon discrimination. The final sanction for such a body would be the cease-and-desist order enforceable by court action. The Committee believes that educational institutions supported by churches and definitely identified as denominational should be exempted.
There is a substantial division within the Committee on this recommendation. A majority favors it.
4. For housing:
The enactment by the states of laws outlawing restrictive covenants;
Renewed court attack, with intervention by the Department of justice, upon restrictive covenants.
The effectiveness of restrictive covenants depends in the last analysis on court orders enforcing the private agreement. The power of the state is thus utilized to bolster discriminatory practices. The Committee believes that every effort must be made to prevent this abuse. We would hold this belief under any circumstances; under present conditions, when severe housing shortages are already causing hardship for many people of the country, we are especially emphatic in recommending measures. to alleviate the situation.
5. For health services:
The enactment by the states of fair health practice statutes forbidding discrimination and segregation based on race, creed, color, or national origin, in the operation of public or private health facilities.
Fair health practice statutes, following the pattern of fair employment practice laws, seem desirable to the Committee. They should cover such matters as the training of doctors and nurses, the admission of patients to clinics, hospitals and other similar institutions, and the right of doctors and nurses to practice in hospitals. The administration of these statutes should be placed in the hands of commissions, with authority to receive complaints, hold hearings, issue cease-and-desist orders and engage in educational efforts to promote the policy of these laws.
6. For public services:
The enactment by Congress of a law stating that discrimination and segregation, based on race, color, creed, or national origin, in the rendering of all public services by the national government is contrary to public policy;
The enactment by the states of similar laws;
The elimination of discrimination and segregation depends largely on the leadership of the federal and state governments. They can
make a great contribution toward accomplishing this end by affirming in law the principle of equality for all, and declaring that public funds, which belong to the whole people, will be used for the benefit of the entire population.
The establishment by act of Congress or executive order of a unit in the federal Bureau of the Budget to review the execution of all government programs, and the expenditures of all government funds, for compliance with the policy of nondiscrimination;
Continual surveillance is necessary to insure the non-discriminatory execution of federal programs involving use of government funds. The responsibility for this task should be located in the Bureau of the Budget which has the duty of formulating the executive budget and supervising the execution of appropriation acts. The Bureau already checks the various departments and agencies for compliance with announced policy. Administratively, this additional function is consistent with its present duties and commensurate with its present powers.
The enactment by Congress of a law prohibiting discrimination or segregation, based on race, color, creed, or national origin, in interstate transportation and all the facilities thereof, to apply against both public officers and the employees of private transportation companies;
Legislation is needed to implement and supplement the Supreme Court decision in Morgan v. Virginia. There is evidence that some state officers are continuing to enforce segregation laws against interstate passengers. Moreover, carriers are still free to segregate such passengers on their own initiative since the Morgan decision covered only segregation based on law. Congress has complete power under the Constitution to forbid all forms of segregation in interstate commerce. We believe it should make prompt use of it.
The enactment by the states of laws guaranteeing equal access to places of public accommodation, broadly defined, for persons of all races, colors, creeds, and national origins.
Since the Constitution does not guarantee equal access to places of
public accommodation, it is left to the states to secure that right. In the 18 states that have already enacted statutes, we hope that enforcement will make practice more compatible with theory. The civil suit for damages and the misdemeanor penalty have proved to be inadequate sanctions to secure the observance of these laws. Additional means, such as the revocation of licenses, and the issuance of cease-and-desist orders by administrative agencies are needed to bring about wider compliance. We think that all of the states should enact such legislation, using the broadest possible definition of public accommodation.
7. For the District of Columbia:
The enactment by Congress of legislation to accomplish the following purposes in the District;
Prohibition of discrimination and segregation, based on race, color, creed, or national origin, in all public or publicly-supported hospitals, parks, recreational facilities, housing projects, welfare agencies, penal institutions, and concessions on public property;
The prohibition of segregation in the public school system of the District of Columbia;
The establishment of a fair educational practice program directed against discrimination, based on race, color, creed, or national origin, in the admission of students to private educational institutions;
The establishment of a fair health practice program forbidding discrimination and segregation by public or private agencies, based on race, color, creed, or national origin, with respect to the training of doctors and nurses, the admission of patients to hospitals, clinics, and similar institutions, and the right of doctors and nurses to practice in hospitals;
The outlawing of restrictive covenants;
Guaranteeing equal access to places of public accommodation, broadly defined, to persons of all races, colors, creeds, and national origins.
In accordance with the Committee's division on anti-discrimination laws with respect to private education, the proposal for a District fair education program was not unanimous.
Congress has complete power to enact the legislation necessary for progress toward full freedom and equality in the District of Columbia. The great majority of these measures has been recommended in this report to Congress and to the states to benefit the nation at large. But they have particular meaning and increased urgency with respect to the District. Our nation's capital, the city of Washington, should serve as a symbol of democracy to the entire world:
8. The enactment by Congress of legislation ending the system of segregation in the Panama Canal Zone.
The federal government has complete jurisdiction over the government of the Panama Canal Zone, and therefore should take steps to eliminate the segregation which prevails there.
VI. To rally the American people to the support of a continuing program to strengthen civil rights, the President's Committee recommends:
A long term campaign of public education to inform the people of the civil rights to which they are entitled and which they owe to one another.
The most important educational task in this field is to give the public living examples of civil rights in operation. This is the purpose of our recommendations which have gone before. But there still remains the job of driving home to the public the nature of our heritage, the justification of civil rights and the need to end prejudice. This is a task which will require the cooperation of the federal, state, and local governments and of private agencies. We believe that the permanent Commission on Civil Rights should take the leadership in serving as the coordinating body. The activities of the permanent Commission in this field should be expressly authorized by Congress and funds specifically appropriated for them.
Aside from the education of the general public, the government has immediate responsibility for an internal civil rights campaign for its more than two million employees. This might well be an indispensable first step in a large campaign. Moreover, in the armed forces, an opportunity exists to educate men while in service. The armed forces should expand efforts, already under way, to develop genuinely democratic attitudes in officers and enlisted men.
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As the Committee concludes this Report we would remind ourselves that the future of our nation rests upon the character, the vision, the high principle of our people. Democracy, brotherhood, human rights -- these are practical expressions of the eternal worth of every child of God. With His guidance and help we can move forward toward a nobler social order in which there will be equal opportunity for all.
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The Committee wishes to record its sincere tribute to its Executive Secretary, Robert K. Carr, and to its other staff members, without whose talents and devoted services the Committee's task could not have been completed. The staff is listed below:
Robert K. Carr, Executive Secretary.
Milton D. Stewart, Director of Research.
Nancy F. Wechsler, Counsel.
Charles J. Durham, Assistant to the Executive Secretary.
Frances Harriett Williams, Assistant to the Executive Secretary.
Robert E. Cushman, Special Consultant.
Rachel R. Sady, Research Analyst.
Herbert Kaufman, Research Aide.
Joseph Murtha, Research Aide.
John L. Vandegrift, Research Aide.
Richard A. Whiting, Research Aide.
Robert L. Bostick, Graphics.
Merle Whitford Huntington, Administrative Officer.
Ellen C. Ardinger.
Idamaye C. Boardley.
Hannah S. Goldenthal.
Mahala B. Johnson.
Ann E. Sudwarth.
Charles N. Coleman.
Edward W. Jackson.
The Committee wishes also to record its deep sense of appreciation for the generous help given to it by many individuals, private organizations, and government agencies. During the period from January to September 1947, the Committee met ten times. At these meetings it heard some two score witnesses. The Committee had correspondence with nearly 250 private organizations and individuals. It was also assisted by some twenty-five agencies of the federal government and by an extended list of state and local public agencies.
death rates, 71
Declaration of Independence, 6
declaratory judgments, 129-130
democracy, 6-7, 48-53, 147-148
Democratic party, 36-38
disclosure principle, 52-53
Dorsey, George, 22
due process of law, 51, 165
fair employment practices, 143
Fair Employment Practice Committee (FEPC), 55-62, 146, 167
fair employment practices, 143
fair health practices, 169, 171-172
Fair Labor Standards Act, 108
“fair play”, 140
Farmers Home Administration, 76
Fascists, 48, 49
Fear, freedom from, VII
Federal Bureau of Investigation (FBI), 114, 122-123, 153
Federal Emergency Relief Administration, 144
Haas, Francis J. VIII
Harlan, John Marshall, 81, 105
Harris, Albert, 22
Harrison, Loy, 22
health services, 71-74, 93-94, 169, 171
hiring practices, 55, 56, 144
Holmes, Oliver Wendell, 49, 102
Hoover, J. Edgar, 24, 26
Hospitals, 71-74, 93-94
ineligible aliens, 33-34
international relations, 146-148
interracial housing, 85
interstate commerce regulation, 108-109, 170
involuntary servitude, 29-30, 107-108, 158
Irish Catholics, 67
Japanese Americans, 16
labor unions, 59
Latin Americans, 15, 71, 78, 147
law enforcement officials, 119-125, See also police departments
Lazarsfeld, Paul F., 85
life expectancy, 74
local communities, 76, 102, 119-125, 155
Malcolm, Roger, 22
Marshall, John, 106
Matthews, Francis P., VIII
McCulloch v. Maryland, 106
medical care, 73, 93-94
Merchant Marine, 84-85
Merton, Robert K., 85
Mexican Americans, 15, 55, 59, 65, 75, 78, 147
minority groups, See also African Americans
National Committee on Segregation in the Nation’s Capital, 58
National Guard, 43
National Labor Relations Act, 108
Native Americans, 15, 29, 33, 40, 55, 65, 71, 75, 161
naturalization, 32-33, 161-162
Near vs. Minnesota, 113
New York Commission Against Discrimination (SCAD), 130
North, segregation in, 79
Office of Indian Affairs, 7529-30
taxing and spending powers, 109, 131
Thirteenth Amendment, 30, 81, 104-107
Tilly, Dorothy, VIII
Tobias, Channing H., VIII
transportation, See public transportation
Truman, Harry S, 61
U.S. Congress, 154
U.S. Criminal Code
Section 43, 129
Section 47, 129
Section 51, 116-118, 156,
Section 52, 116-119, 156-157
Section 443, 158
Section 444, 116-117, 158
U.S. Justice Dept., 24, 26 See also Civil Rights Section (CRS), Justice Dept.
U.S. Supreme Court, 48
civil rights role, 112-125
Constitutional interpretation by, 104-105,
forced confessions and 27-28
forced labor and, 29-30
public accommodations and, 76
restrictive covenants and, 68, 169
segregation and, 81-82
white primary and, 36-37
U.S. territories, 109
United Nations, 100, 110-111
United States Attorneys, 114, 120-122
United States Employment Service, 56
United States v. Cruikshank, 110
United States v. Lovett, 51
voter registration, 164