To: From: Re: Commissioners Rebecca Barton Immediate Action on Legislation April 30, 1959 This coming week two bills affecting the Governor's Commission on Human Rights are scheduled for hearings before legislative committees. If you cannot come personally and appear in favor of them, will you please take time to write letters immediately to the two chairmen concerned? Here is the pertinent information: 1. Bill 572-A Hearing Time: 2:00 P.M.; Tuesday, May 5, 1959 Place: Legislative Committee: Members: Purpose of Bill: Room 325 (West Wing), State Capitol Public Welfare Committee of the Assembly Isaac Coggs, Chairman; Marty Larsen, Vice Chairman, Milwaukee; Louis L. Merz, Milwaukee; Frank E. Schaeffer, Jr., Milwaukee; Hugo Vogel, Manitowoc; George Mireau, Rice Lake; Robert F. Barabe, Mellen; David J. Blanchard, Edgerton; Willis J. Hutnik, Tony; Lloyd Baumgart, Lena; Floyd E. Shurbert, Oshkosh. To give added powers, including subpoena powers, to the Governor's Commission on Human Rights to use at its discretion in handling cases. Explanation: The Governor and the officers of the Governor's Commission have conferred together and have agreed on the substitute amendment to Bill 572-A which would fulfill the same purpose but spell out the added functions in a subsection. A11 Commissioners have received copies of Bill 572-A and the recommended substitute amendment with the request that they voice any objections immediately. Since no objections have been received, the Governor's Commission will go on record in favor of the substitute amendment on May 5. (This amend- ment was introduced in the Assembly today by Assemblyman Isaac Coggs.) To appear in person on May 5 or to address letters of support immediately to Assemblyman Isaac Coggs, Assembly Chamber, State Capitol, Suggested Action: 2. Bill 210-A Hearing Time: Place: Legislative Committee: Members: 2:00 P.M.; Wednesday, May 6, 1959 Room 332 (South Wing) State Capitol Judiciary Committee of the Senate Allen J. Busby, Chairman, Milwaukee; Gerald D. Lorge, Bear Creek; William F. Trinke, Lake Geneva; Leland S. McParland, Cudahy; Davis A. Donnelly, Eau Claire. Purpose of Bill: To permit both criminal and civil recourse under the "denial of rights" statute. (See fact sheet sent earlier.) Explanation: This bill was introduced by the Assembly Judiciary Committee at the request of the Governor's Commission on Human Rights. There was no opposition at its hearing on March 12. It passed the Assembly and was sent to the Senate. Suggested Action: To appear in person on May 6 or to address letters of support immediately to fien J. Busby, Senate Chamber, State Capitol. --- RECOMMENDATION FOR AN AMENDMENT TO THE "DENIAL OF RIGHTS" LAW BY THE GOVERNOR'S COMMISSION ON HUMAN RIGHTS STATE CAPITOL - MADISON, WISCONSIN The purpose of this statement is to point up a loophole in the present "denial of rights" law and to suggest an amendment which the Governor's Commission on Human Rights proposes for enactment by the 1959 Legislature. The Need A Case in Point Recommendation 1. The present "denial of rights" law (Section 942.04 - Wisconsin Statutes) makes provision for either criminal or civil action, but not both. This exclusive provision, not found in other comparable laws, can in practice seriously restrict its effectiveness. For ex- ample, a defendant may be charged criminally and fined a nominal amount thus acquiring a complete defense against civil action for damages brought by an aggrieved person. 2. The outcome of a recent "denial of rights" case summarized below illustrates this weakness in the law. In the fall of 1957 an out-of-state plaintiff filed suit under this law against a Wisconsin resort owner (defendant) who allegedly had denied him accommodation because of his race. The defendant's reply to this suit revealed that in the spring of 1957 a criminal action had already been brought against him before a Justice of the Peace. This criminal action and final judgment had taken place prior to the plaintiff's suit and without his knowledge. It was de- termined that the defendant paid only a nominal fine as a result of this action. In effect the final judgment in criminal action, though pre- scribing only token punishment, nevertheless precluded civil action by the plaintiff. Therefore, his case was dismissed by the judge of a federal district court. 3. To provide equitable protection for the rights of an aggrieved person, to encourage future compliance and to secure a firm basis for its educational program, the Governor's Commission on Human Rights urges revision of the law to broaden and strengthen it. The Commission believes this can best be done by deleting the final sentence of the law which reads as follows: "But a final judgment in a civil action shall bar any further criminal proceeding under this section or a judgment in a criminal prosecution under this section shall bar any further proceedings in a civil action." This deletion will allow both civil and criminal action as is pro- vided for in most similar laws. (This bill is No. 210 A. It was introduced by the Assembly Judiciary Committee on February 17, 1959. Members are: Chairman, William Ward, New Richmond; Joseph Greco, Milwaukee; Frank Nikolay, Abbotsford; Leland Mulder, Holmen; Karl Goethel, Eau Claire; Robert Curley, Milwaukee; Henry Hillemann, Sheboygan; Lawrence Timmerman, Milwaukee; Arnold Cane, Menasha; Robert Haase, Marinette; Larvey Abraham, Oshkosh) 2/17/59 --- Fox R ca. April, 19597 SECOND DRAFT Sub-amendment No. 1, To Bill 572,A. To renumber 15.85; and to create 15.85 (2) of the statutes, relating to the duties and powers of the governor's commission on Human rights. The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: Section 1. 15.85 of the statutes is renumbered 15.85 (1) Section 2. 15.85 (2) of the statutes is created to read: 15.85 (2) The Commission may investigate, take testimony and require the attendance of witnesses and their production of documentary evidence before it as to any unlawful discrimination. This subsection shall be construed liberally so as to accomplish its purpose. (End) --- State of Wisconsin Warren P. Knowles, Governor WE HOLD THESE RIGHTS A Newsletter issued by the Governor's Commission on Human Rights 902 State Office Building 1 West Wilson Street Madison, Wisconsin 53702 Telephone: 266-1231 Robert Levine, Chairman G. Aubrey Young, Director Administrative Assistants - - Alan J. Dale Summer/Fall 1965 ASSEMBLY PASSES - BI PARTISAN Mrs. Dorothy M. Knutson No. 13 CIVIL RIGHTS BILL, 8 5 2 - A Shortly before adjournment, the Wisconsin Assembly gave final approval to Assembly Bill 852, which is captioned as "redesignating the fair employment division of the industrial commission to be the equal opportunities division, prohibiting dis- crimination in housing and providing for relief therefrom, redefining public places of accommodation or amusement and granting rule-making authority." Here is the roll call on final passage, as reported in the JOURNAL OF THE ASSEMBLY for July 30, 1965: AYES: Anderson G. K., Anderson, N. C., Azim, Barbee, Barland, Belting, Blaska, Bock, Bolle, Borg, Brown, Buchli, Ceci, Clemens, Dueholm, Elfers, Johnson W. A., Gee, Greco, Haase, Heinzen, Iverson, Jahnke, Johnson L. H., Kaufman, Kessler, Kunde, Lipscomb, McCann, McDougal, McEssy, McKay, Martin, Mathews, Mato, Holinaro, Moser, Myhra, Nager, Nikolay, Obey, O'Malley, Parys, Peloquin, Perala, Peterson, Pommerening, Quinn, Radcliffe, Riehle, Rogers, Schaeffer, Schaus, Schwefel, Steiger, Tobiasz, Uehling, Vanderperren, Wackett, Warren and Mr. Speaker - 61. NOES: Alfonsi, Atkinson, Blanchard, Conradt, Doughty, Froehlich, Galli, Gehrmann, Gessert, Hutnik, Jones, Kafka, Kordus, Lewison, Lynch, McCormick, Merkel, Mertz, Nitschke, Nuttelman, Schmidt, Shabaz, Soik, Stalbaum, Tadych, Terry, Wartinbee and Whittow 28. - PAIRED: Sweda for passage, Struebing against; Grover for passage, Schroeder against - 4. ABSENT OR NOT VOTING: Bidwell, Hanna, Kenyon, Manders, Mittness, Rome11, and Shurbert - 7. (NOTE: The procedure of "pairing" is only a means of recording a position; it does not count in the roll call vote.) Elsewhere in this issue of the newsletter we bring you a report on the status of other pending legislation in the field of human rights. +++ --- Summer/Fall 1965 INDIAN LEADERSHIP CONFERENCE HELD AT EAU CLAIRE No. 13 - 2 Wisconsin Indians held their third annual leadership conference at Eau Claire on June 18, 19 and 20, with about 250 persons participating. The theme, "Indian Leadership: Education in Action," was a continuation of past years' themes relat- ing the importance of education to Indians of all ages. Efforts were made to involve only Indians as leaders of workshops and panels. Among outstanding chairmen were: Brummett Echohawk, a Pawnee from Tulsa, Okla., Mrs. Pauline Tyndall, an Omaha from Macy, Neb., John Winchester, a Potawatomi from Detroit, Mich., and Miss Ada Deer, a Menominee from Minneapolis, Minn. Panels and workshops discussed problems of increasing incentive among parents, improving the Indians' public image, and learning in general the importance of education for both youth and adults. A meeting will be called in early fall for the conference chairmen to evaluate the success of the three day event. APPOINTS FIVE MEMBERS GOV. KNOWLES NEW COMMISSION Milwaukee, On June 14, Gov. Warren P. Knowles appointed five new members to the Governor's Commission on Human Rights, bringing it up to its statutory strength of 35. The new appointees are: Gordon Dickie, Keshena, a logging contractor; Father John T. Hanley, Waukesha, principal of Catholic Memorial high school; Arvid Miller, Bowler, Stockbridge-Munsee tribal chairman; Hercules M. Porter, associate director of the Jewish Vocational Service; and Mrs. Frank J. Ross, Shorewood, former member of the Milwaukee county board of public service. We welcome these new members to the Commission, and we are looking forward to working with them in carrying out the educational role assigned to the Commission by the Wisconsin statutes. HOUSING DISCRIMINATION FILM AVAILABLE THROUGH UNIVERSITY TO FIND A HOME is the title of this unique film on housing discrimination, based on the actual experiences of a Negro family encountering repeated refusals in try- ing to rent an apartment in a medium-size northern city. Another Negro family finds an apartment manager who believes in equal opportunity. The film is intended to stimulate discussion and is suitable for high school or college classes studying such problems, service clubs, community study groups and church groups. It may be purchased for $100.00 or rented for $3.50. Bureau of Audio-Visual Instruction 1312 West Johnson St. Box 2093 Madison, Wis. 53701 Write to: Do you feel that getting this newsletter is worth a post card? The post office has set a deadline beyond which they will not accept printed matter such as this without the ZIP code. If your ZIP code is not on this issue, please take a moment to send it to us. We don't want to drop any of you from the mailing list! --- +++ Summer/Fall 1965 COMMISSION TO HOLD REGIONAL MEETING, ANNIVERSARY DINNER IN MADISON OCTOBER 14 No. 133 In connection with its regional meeting in Madison on October 14, 1965, the Gov- ernor's Commission on Human Rights is planning a 20th anniversary dinner at 6:30 p.m., in the Crystal ballroom of the Loraine Hotel, with the Hon. John Doar, Assistant Attorney General, Civil Rights Division, as the principal speaker. Commissioners and former commissioners, governors under whom they have served, state officials and legislators, members of local councils and commissions indeed, all friends of human rights in Wisconsin - are invited to attend. Reser- vations may be made by writing or calling the Commission office. While the schedule for the entire day has not yet been determined, members of the Commission will serve as speakers in various schools and civic groups and hold a joint meeting with the Madison Equal Opportunity Commission, under whose auspices the day's events are being organized. +++ TEEN AGERS PARTICIPATE IN HUMAN RIGHTS PROGRAM With 85 young people representing 34 organizations, a Human Relations Workshop for Teen Agers was held July 16-18 at the Wisconsin State University in Stevens Point, under the sponsorship of the Division for Children & Youth (State Dept. of Public Welfare), the Anti-Defamation League of B'nai B'rith and the Governor's Commission on Human Rights. Eighteen adult leaders also took part. While the largest number of youth participants came from Milwaukee and Racine, many other areas of the state were also represented, including Madison, Beloit, Green Bay, Keshena, Crandon, Black River Falls, Philips, Oshkosh, Fond du Lac, Neopit, Watertown, Gleason, La Crosse, Ringle, Elkhorn, West Bend, Mole Lake and Wausau. The program was varied, with films, panels, large and small discussion groups, and two outstanding addresses by Mrs. Ulysses Lindsay and the Rev. Lucius Walker, both of Milwaukee; but probably the chief value of the workshop was that it brought to- gether persons of such varied racial, religious, economic and cultural backgrounds, and became in itself an exciting and successful experiment in intergroup relations. Many left the workshop with a full awareness of their personal responsibility to obtain racial justice and equality of opportunity in our society. Proposals for action at home included: 1) sharing the knowledge and ideas gained at the work- shop by educating their own families and sponsoring organizations, 2) discovering the possibilities of united action through churches, civil rights organizations, youth groups, etc., 3) continuing contacts with Indian young people, 4) distribut- ing literature, 5) establishing youth speakers bureau, 6) creating situations which will enable all groups and races to become better acquainted, 7) supporting civil rights legislation, 8) setting up a state-wide youth organization to further the cause of human rights. A word of thanks . . might well be in order. Check the roll call vote on Assembly Bill 852 (on page one) and if you find that your assemblyman voted for the bill, express your appreciation. Call him up, drop him a note or if you meet him personally while he's home between sessions, give him a "pat on the back." As any elected official will tell you, there always seems to be a surplus of criticism and a shortage of thanks for a job well done. 7 --- Summer/Fall 1965 COMMISSION OFFICERS ELECTED SEPTEMBER 16 No. 134 At its regular meeting in Madison on September 16, the Commission elected the following officers: Robert Levine, Madison, re-elected chairman; J. Richard Long, Beloit, re-elected vice-chairman; Mrs. Henry Hart, Madison, elected vice chairman to replace Tom Miglautsch, Oconomowoc (who was not reappointed to the Commission); and Mrs. John W. Maxwell, Milwaukee, re-elected secretary. THE GOVERNOR'S COMMISSION ON HUMAN RIGHTS cordially invites you to share in the observance of its 20th Anniversary by attending a dinner to be held THURSDAY, OCTOBER 14, 1965 at 6:30 p.m. CRYSTAL BALLROOM, LORAINE HOTEL Madison, Wisconsin SPEAKER: The Honorable John Doar Assistant Attorney General Civil Rights Division Justice Department R.S.V.P. I/we will, will not attend the 20th Anniversary dinner of the Governor's Commission on Human Rights on October 14. Please reserve tickets at $3.25 each. Check payable to the Governor's Commission on Human Rights is enclosed. Signed Address PLEASE RETURN THIS PORTION AND YOUR CHECK BY OCTOBER 4, 1965. 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Fond du Lac Avenue Milwaukee 6, Wisconsin bong12 Brebbi 63010200349 07 GA SOIDOT INTO BASH --- THE STATE OF WISCONSIN OFFICE OF ATTORNEY GENERAL MADISON May 11, 1960 Mrs. Rebecca C. Barton, Director Governor's Commission on Human Rights State Capitol Madison 2, Wisconsin Dear Mrs. Barton: Re: Discrimination in Housing You have requested an informal opinion as to whether the fair employment law--secs. 111.31-111.38, Stats. 1957, as amended by Chs. 149 and 687, Laws of 1959--applies to discrimi- nation in housing and, if so, to what extent. Your purposes in asking the opinion are to avoid conflicts between your Com- mission and the Industrial Commission and to prevent dupli- cation of effort. The answer is yes, to the extent that housing is a part of the conditions or privileges of employment or of union membership. Discrimination is defined in the fair employment law as follows: "111.32 Definitions. When used in this subchapter: 17*** "(5)(a) The term 'discrimination' means discrimi- nation because of age, race, color, creed, national origin or ancestry, by an employer individually or in concert with others against any employe or any appli- cant for employment in regard to his hire, tenure or term, condition or privilege of employment, and by any labor organization against any member or applicant for membership, and also includes discrimination on any of said grounds in the fields of housing, recreation, education, health and social welfare." The above definition clearly applies to discrimination upon the enumerated grounds by an employer against any employe or applicant for employment in regard to the conditions of employment, including matters of housing. --- Mrs. Rebecca C. Barton -2- May 11, 1960 The definition of discrimination because of age is somewhat different in its application to housing, but I assume you are not concerned with that since your Commission has no duties with regard to age discrimination. If an employer or labor organization should operate a housing bureau for the assistance of employes or union members, respectively, and should discriminate on the enumerated grounds in serving the employes or members, the Industrial Commission would have jurisdiction to issue a cease and desist order, after proper notice and hearing. Other examples might be given, but the above suffices to illustrate the point. You will note that the definition quoted above includes employes, applicants for employment, union members and applicants for union membership. It does not include housing matters having no relationship to union membership or employment. Very truly yours, /s/ John W. Reynolds JOHN W. REYNOLDS Attorney General EWW:1m ---