(The document referred to follows:) BIOGRAPHICAL DATA OF WILLIAM H. BROWN III Birthplace: Philadelphia, Pennsylvania. Date of birth: January 19, 1928. Residence: 4714 Osage Avenue, Philadelphia, Pa. 19143. Children: Michele Denise, Born 4/2/55. EDUCATION High School: Central High School-Graduated January, 1946. Undergraduate School: Temple University, Philadelphia, Pennsylvania, 1949 to 1952-Bachelor of Science. Law School: University of Pennsylvnia-LLB-June 1955. LEGAL EXPERIENCE 1955-Admitted to practice of Law. 1956-1959-Associated with Firm of Norris, Schmidt, Green, Harris and Higginbotham, Esquires, as Trial Attorney, 410 South 15th Street, Philadelphia, Pa. 1960-1963-Associated with Law Firm of Norris, Green, Harris and Higginbotham, 15th Floor, Commercial Trust Building, 16 South Broad Street, Philadelphia, Pennsylvania 19102. 1963-1968-Partner of Law Firm of Norris, Brown and Hall, 1510 Chestnut Street, 3rd Floor, Philadelphia, Pennsylvania 19102. 1968 (May-Sept.): Chief of Frauds, Philadelphia District Attorney's Office. 1968 (Sept.-Nov.): Deputy District Attorney, Philadelphia District Attorney's Office. Admitted to practice before all Lower Courts of Philadelphia. The Superior and Supreme Court of Pennsylvania. The Federal District Court for the Eastern District of Pennsylvania. The Court of Appeals for the 3rd Circuit and The United States Supreme Court. During the years 1956 through 1962 I handled approximately fifty per cent of all of the trial work for the firm. Since the end of 1962 to May 1968 I was for the most part completely responsible for all of the major trial work of the firm as well as being the managing partner. During my years of private practice I have handled in excess of a thousand trials including Magistrate's Court, personal injury trial work, criminal trials, labor work, bankruptcy matters, Orphans' Court (Estate) work, Domestic Relations matters, injunctions, etc. I have tried matters in many other states, having appeared before the Federal and State Courts on the trial level as well as on the Appellate level. My clients, during the time of private practice, ranged from the average working person through the National Baptist Convention-an organization having over 5 million members. I have represented many national and international organizations. I have been appointed to represent defendants who were unable to pay for legal services in the State Courts and the Federal Courts. During the period of time I was with the District Attorney's Office all of my trials were criminal in nature and I handled approximately 700-800 cases. MILITARY SERVICE United States Army Air Force, February, 1946 to November, 1948. ASSOCIATIONS Professional: American Bar Association; Pennsylvania State Bar Association; National Bar Association; The Lawyers Club of Philadelphia; The Barristers' Club; Pennsylvania University Law Alumni; American Trial Lawyers Association; American Arbitration Association; County Board of Law Examiners; Philadelphia Bar Association: Member Law Day Committee 1966 and 1967, Member Constitutional Reform Committee, Member Criminal Law Committee, Co-Chairman Compulsory Arbitration Committee. Liaison Member to Urban Coalition; Permanent Member, 3rd Circuit Judicial Conference. Civic: Urban League-Co-Chairman, 1960 Membership Drive; Junior Chamber of Commerce (Past Member); Philadelphia Fellowship Commission; National Association for the Advancement of Colored People; St. Thomas Episcopal Church; Executive Committee, Garden Court Civic Association (Past Member); Philadelphia Housing Association, Relocation Committee; Alpha Phi Alpha Fraternity, Inc.: Regional Attorney 1957 to 1960, General Counsel 1960 to 1963; Member of Board of Directors Mercy Douglass Hospital: Chairman Executive Committee of Board 1967, President of the Board of Directors 1968, (Resigned this position to accept appointment to the Equal Employment Opportunity Commission); Board of Directors Neighborhood Renewal Corps; Board of Directors Big Brothers; Board of Directors Crime Prevention Association: Member of the Board of Directors of Singing City, President of the Board 1966 to 1968; Member of the Regional Board of Directors, First Philadelphia Banking and Trust Company. I have been active in the Civil Rights area of employment, housing, and health care for the disadvantaged in Philadelphia. I have voluntarily served as legal counsel to individuals filing law suits concerning employment discrimination and have worked with the Urban Coalition toward obtaining better jobs and housing for the less fortunate. As President of the Board of Directors of Mercy Douglass Hospital, I have been instrumental in providing health facilities in one of the underprivileged areas of the city. * EXCERPT FROM CIVIL RIGHTS ACT OF 1964 [Pub. Law 88-352, approved July 2, 1964] * EQUAL EMPLOYMENT OPPORTUNITY COMMISSION SEC. 705. (a) There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party, who shall be appointed by the President by and with the advice and consent of the Senate. One of the original members shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, beginning from the date of enactment of this title, but their successors shall be appointed for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to serve as Chairman of the Commission, and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and shall appoint, in accordance with the civil service laws, such officers, agents, attorneys, and employees as it deems necessary to assist it in the performance of its functions and to fix their compensation in accordance with the Classification Act of 1949, as amended. The Vice Chairman shall act as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office. (b) A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum. (c) The Commission shall have an official seal which shall be judicially noted. (d) The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken; the names, salaries, and duties of all individuals in its employ and the moneys it has disbursed; and shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable. (e) The Federal Executive Pay Act of 1956, as amended (5 U.S.C. 2201–2209), is further amended (1) by adding to section 105 thereof (5 U.S.C. 2204) the following clause: "(32) Chairman, Equal Employment Opportunity Commission”; and (2) by adding to clause (45) of section 106(a) thereof (5 U.S.C. 2205 ( a ) ) the following: "Equal Employment Opportunity Commission (4).” (f) The principal office of the Commission shall be in or near the District of Columbia, but it may meet or exercise any or all its powers at any other place. The Commission may establish such regional or State offices as it deems necessary to accomplish the purpose of this title. (g) The Commission shall have power (1) to cooperate with and, with their consent, utilize regional, State, local, and other agencies, both public and private, and individuals: (2) to pay to witnesses whose depositions are taken or who are summoned before the Commission or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the United States: (3) to furnish to persons subject to this title such technical assistance as they may request to further their compliance with this title or an order issued thereunder; (4) upon the request of (i) any employer, whose employees or some of them, or (ii) any labor organization, whose members or some of them, refuse or threaten to refuse to cooperate in effectuating the provisions of this title, to assist in such effectuation by conciliation or such other remedial action as is provided by this title; (5) to make such technical studies as are appropriate to effectuate the purposes and policies of this title and to make the results of such studies available to the public; (6) to refer matters to the Attorney General with recommendations for intervention in a civil action brought by an aggrieved party under section 706, or for the institution of a civil action by the Attorney General under section 707, and to advise, consult, and assist the Attorney General on such matters. (h) Attorneys appointed under this section may, at the direction of the Commission, appear for and represent the Commission in any case in court. (i) The Commission shall, in any of its educational or promotional activities, cooperate with other departments and agencies in the performance of such educational and promotional activities. (j) All officers, agents, attorneys, and employees of the Commission shall be subject to the provisions of section 9 of the Act of August 2, 1939, as amended (the Hatch Act). notwithstanding any exemption contained in such section. ** STATEMENT OF WILLIAM HILL BROWN III, NOMINEE TO BE A MEMBER OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Mr. BROWN. No, Mr. Chairman. The only thing I would like to say at this particular point is to publicly acknowledge the presence of Senator Scott here this morning and express my sincere appreciation for his appearing on my behalf. The only other thing I would add, Mr. Chairman, is that I feel that the area of employment and particularly equal opportunity of employment is one of the principal concerns that I have had for quite a number of years, as you will undoubtedly see by my background and experience, and if confirmed by this committee and by the Senate I would pledge to the members of this committee and to the Senate that I will use my maximum energies to see that the law is fairly and vigorously enforced. The CHAIRMAN. There was another Senator who wanted to make a statement on your behalf, Senator Edward Kennedy, but the last information I had from the floor was that they were debating the oil import bill which affects the New England area. Senator Pell. Senator PELL. I will defer to Senator Schweiker, who is a Pennsylvanian. STATEMENT OF HON. RICHARD S. SCHWEIKER, A U.S. SENATOR FROM THE STATE OF PENNSYLVANIA Senator SCHWEIKER. Thank you. I would like to say that I am very proud to have Mr. Brown here today as a Pennsylvanian. In fact, we come from the same area of the State. I know well of his background in law, his work in the advancement of equal opportunity for all and his dedication to his community. I think that Mr. Brown brings two major qualifications to the job that are very important. First, he has a commitment to the need for the elimination of all remaining job barriers to minority groups, and he has demonstrated that commitment throughout his life; and secondly, he has a capability to deal effectively with the practical issues that arise in this field. He has demonstrated this practical approach to very real equal opportunity problems that need day-to-day work, and I am very pleased to support quite strongly Mr. Brown's nomination. I think he will make a fine addition to the Commission and we are very proud of him. I thank the gentleman, Senator Pell. The CHAIRMAN. Senator Pell. Senator PELL. Mr. Brown, I read your background statement, it is a very impressive one indeed. But the area you are going into now is one in which your prime responsibility is to press hard in the direction of civil rights and equal opportunities. I see that you have worked a good deal in this field in the past. And you say that you voluntarily served as legal counsel to individuals filing lawsuits concerning employment discrimination. How many suits have you participated in? Mr. BROWN. I would imagine, Senator, over a period of about 13 years of private practice I would have averaged probably about 20 cases per year. These were all taken on the basis of no charge to the person that was being serviced. Many of them were referred from local community groups, some were referred to me by the local NAACP and a great deal of these cases dealt with discrimination, at least a charge of discrimination within the Government itself. Senator PELL. That would be about 260 cases, roughly. Mr. BROWN. I was the liaison member from the bar association and I was assigned to the subcommittee which dealt with discrimination in employment, in seeking to assist persons to get employment, and also to seek to get business persons to make their doors completely open for persons of all races and particularly the persons of the minority races. Senator PELL. Is it your intention to be an activist and press hard in continuing your work in this direction? Mr. BROWN. That is without qualification emphatically yes. The CHAIRMAN. Thank you. Mr. Brown, will you step aside for a moment, please? Mr. Mitchell has a statement to make on your behalf and then we will recall you. Mr. Mitchell, we welcome you to the committee again. You have testified here many times over the years and have had a very influential part in framing many of the laws of this country that offer broader opportunities to many of our citizens. We welcome you back. We re spect the fairness with which you have stated your position on all matters before this committee and we have a high degree of confidence in your statement. STATEMENT OF CLARENCE MITCHELL, DIRECTOR, WASHINGTON BUREAU, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE Mr. MITCHELL. Thank you very much. It is kind of an educational experience to be before this committee. I thought as I listened to the testimony this morning that there were a number of things that the country needed to hear, some of which you said. I felt, for example, your pointing up the importance of the country knowing that after your committee authorizes a particular appropriation, you have pared it down as far as sensible to pare it down, then some people over at the Bureau of the Budget get hold of it and cut it down further, and actually they are unrealistic. I really hope that your statement on that and other things that went on this morning can be made available for broad public distribution. I think that the public does not know about some of the things that you said and I hope very much that that will be done. The CHAIRMAN. Thank you very much. Mr. MITCHELL. I am Clarence Mitchell, director of the Washington Bureau of the National Association for the Advancement of Colored People. I thank you for this opportunity to appear in connection with the hearing on Mr. William Brown III, who has been named as a member of the Equal Employment Opportunity Commission. Because the present Chairman, Mr. Clifford Alexander, has resigned effective May 1, 1969, or sooner if a replacement is available, it is my opinion that Mr. Brown would make an excellent choice in the replacement in the capacity of Chairman. However, I believe that if he is to give the high quality of performance that he is capable of giving, there are some matters which should be brought before this committee for its consideration and, hopefully, to cause it to give assistance in strengthening the agency's program. First, let me say that both Mr. Alexander, the outgoing Chairman, and Mr. Brown are very well trained and capable men. I heard Senator Schweiker refer to his competence and I would also like personally, Senator Schweiker, to testify to my knowledge of that. When there was a big dispute on one of the highways from New York to Washington, known as Highway 40, in which a number of African diplomats were arrested because they simply sought service in restaurants, Mr. Brown was a member of a law firm which also included Mr. Leon Higgenbotham, who is now a U.S. district judge in Pennsylvania. It was fortunate that my good wife, who is also a lawyer, was associated with those cases with those gentlemen. I thought they performed an outstanding public service free. They were not paid anything for what they did. It is a credit to the parents of Mr. Alexander and Mr. Brown and to the community out of which they come and to our country that they have reached high status in public service at early ages. It is my opinion that this is an indication of the progress that we are mak 28-346-69- 2 |