Evening star., 1947-10-13
Donald Riehberg Hits
Pending Bill 10 Bar
Job Discrimination
By Joy 6. Hayden
North American Newspaper Alliance


Donald r. Richberg, whose switch
from labor lawyer to bitter critic of
the monopolistic and coercive fea-
lures of labor law as developed by
the New Deal figured prominently
In promotion Of the Taft Hartley
Act, has "stuck out his neck" on
another and equally ticklish issue.
In brief prepared in response to
request from the Senate Labor
Committee, Mr.. Richberg goes all
out against the pending bill TO
prohibit discrimination in employ
ment because of raceSreligion, color,
national origin or ancestry" This
measure, introduced by Senator Ives,
Republican, of New York, and others,
follows closely the New York anti
discrimination law sponsored by
Gov. Thomas E. Dewey.
Mr.. Richberg begins by challeng-
Ing the assumption, which he says
seems to be accepted by opponents
as well as by proponents of the bill,
that no fair-minded person will op-
pose the objective of this bill"
Mr.. Richberg asserts that "the
essential liberty = to choose
ones associates because of personal
liking and confidence, or individual
judgment, whether rational or IRA
tional in the opinion of others, is
one of the most essential freedoms
guaranteed by the Constitu-
ton" The object of S. 984, to deny
this essential right is not admirable
but detestable," he adds.
"All unreasonable prejudice may
be assumed to be evil," Mr.. Rich
berg declares, "but bad thinking
cannot be legislated out of the
human mind. And how can a Gov
ernment official be endowed with
the celestial wisdom necessary to
determine whether that which is
called prejudice and intolerance
is really evil or is, on the contrary,
righteous dislike or hatred?
so If racial and national
conveniality are not sinful, then un-
congeniality cannot be sin. Human
brotherhood may be a beautiful
ideal, but if the congeniality of
Chinese to Chinese and French to
French and Irish to Irish is
natural feeling and not vice, how
absurd it is to argue that uncon-
geniality toward other nationalities
and races is so wrongful that action
based on it should be forbidden by
law.
80 - Is it wrong or right for
deeply religious person to prefer not
to associate with those who would
like to destroy his religion? Is it
wrong or right for a free individ-
ualist to object to enforced associa-
tion with a fanatic Communist who
works to enslave him?
IF S. 984 were the law, the man
agement of religious publication
(for profit would be forbidden to
discriminate against atheists or hos
tile religionists, who might be quail
if1ed' but certainly not cooperative
employees. The manufacturer of re-
ligious articles or books would
be compelled to employ qualified
but cynical and disagreeable asso-
ciates.
IF an employer is to be regarded
as a mere instrument of state policy
who can be required to employ any
one whom a Government bureau
crat finds to be qualified for a par
ticular job, why should not all en-
ployment be made through a Gov
ernment agency?"
Much of the Richberg brief is
taken up with review of Supreme
Court decisions, designed to prove
that the proposal of the pending
bill, to proclaim the right to employ
ment without discrimination "a civil
right of all the people," is beyond
the power of Congress.
1t has been repeatedly held, Mr..