The Durant news. (Durant, Miss.) 1882-1985, 1945-07-19

national origin, or ancestry. The
Socialist has his creed. The Memo
mite has his creed. The patriotic
American does not desire a Com
munist in his employment. He knows
that his business would be disrupt
ed. II Mennonites desire to associate
with Mennonites in their business
that should be their privilege. The
negroes might not want white EN-.
ployees. The white employer nigh,
not want a negro employee. A
French-American might not want &c
employ a German-American. Labor
unions are not permitted to deny
membership because Of an individu.
ais race, creed, color, national origin
or ancestry.
The bill recognizes that Congress
is without power to provide employ
ment practices. Such legislation is
for the State. Federal legislation is
without constitutional warrant. The
bill recognizes this fact. 1t under
takes to relate employment to COM
merce. Section S defines unfair en-
ployment practices, and Section z
undertakes to implement such prac-
tees so defined with commerce. The
commerce clause Of the Constitution
is invoked in behalf Of the constitu-
tionality of the legislation.
Under Section 6 of the bill, the
Commission has power-and I quote
ito appoint such officers and en-
ployees as it deems necessary to as
sist it in the performance of its
functions" ITO cooperate with or
utilize regional, state, local, and 9TH
er agencies, and to utilize voluntary
and uncompensated services. No
qualifications are prescribed. There
is no limit upon the number of en-
ployees.
Under Section ID the Commission
is authorized to appoint referees,
agencies, with power to serve COM
plants at the request of a person not
employed, and with power to require
the employer to appear before a
designated referee or agent or agen-
cy at a place to be fixed. No qualifi-
cations are prescribed for such
agents. The ordinary rules of evil
dence do not obtain. Judicial pro-
cedure is cast aside. The Commits
sion may find that there has been
discrimination. It may order back
pay.
Judicial Review
Section 8 provides for q judicial
review. The proposed review Is a
misnomer. It provides, and / quote
from Section 8. judicial review in
the same manner, to the same ex-
tent and subject to the same pro-
visions Of law, as in the case OF or
ders of the National Labor Relations
Board" Under Section Toe Of the act
establishing that Board, II Is pro-
vided, and / quote, "the findings of
the Board as to facts, if supported
by the evidence, shall be conclu-
sive." The Commission is the sole
Judge of facts. Their findings are
conclusive. The appeal court would
have no power to evers the find
ing on the facts.
Under Section 6g the Commission
has the power to establish regional
offices-such regional offices as it
may deem necessary. And the Com
mission, by one or o of its men,
bers, or by such agents or agencies
as it may designate, may conduct
any Investigations, proceedings, or
hearings necessary to its functions in
any part of the United States. The
employer could well be required to
appear at a distant place. l empha-
size that no qualifications are pre-
scribed for the agents. Such is not
true for judicial officers. An ordi-
nary Federal judge must possess
basic qualifications for the discharge
of their duties. Heresay evidence
would be admissible. Exparte state
ments could be heard. The hearings
could really be a travesty on justice.
No ordinary judge can do what a
Fair Employment Practice Commit