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forting to proponents, but the fact remains that the Supreme Court of the United States decided the Guest case on the basis of State action.

The long line of cases limiting the vitality of the 14th amendment to State action have not been overruled, and unless or until they have been, they remain the law of the land.

Turning to the asserted constitutional basis of the commerce clause, we are aware of the ever-expanding web woven by that clause. Nevertheless, the commerce clause is not so all-encompassing as to hold that private, contractual intrastate dealings where the residence dealt with is a structure attached to the soil, within the State, and for all practical purposes immovable for all time, are within the embrace of that clause.

We agree with Senator Dirksen's analysis that the commerce clause does not reach that far. Indeed, if it does reach into the American home, then that clause must be unlimited in scope. The language of the commerce clause refutes such a contention as it is obviously a limited, rather than unlimited, grant of power.

We further submit that it is not only the judicial branch of government which has power to interpret the meaning of the Constitution. The legislative branch is composed of Members, who also took an oath to protect and defend the Constitution. We maintain that the Congress has not only the right, but the duty, to make independent judgments on the extent of congressional power.

Other constitutional impairments to the passage of title IV which have been posed are that the impaired right to sell is an encroachment upon the constitutional right to possess, and that title IV constitutes a deprivation of that right wihout due process of law in violation of the 5th and 14th amendments. We believe that this argument has some merit.

We respectfully urge that title IV be rejected in its entirety.
Senator JAVITS. Does that end your statement, Mr. Sawyer?
Mr. SAWYER. Yes, sir.

Senator JAVITS. Mr. Sawyer, I just have one or two questions of you and then we will have counsel for the committee question you. Mr. Sawyer, there is a law against discrimination in housing in Ohio, is there not?

Mr. SAWYER. Yes, sir.

Senator JAVITS. I have a summary of that law before me, prepared by the Library of Congress, together with its various provisions. Would you mind if that went in as part of the record?

Mr. SAWYER. Indeed not. In fact, Senator, we have a full copy of the law which we would be delighted to proffer.

Senator JAVITS. All right, without objection then the summary prepared by the Library of Congress will be printed in the record with a reference to the Ohio statute.

Mr. SAWYER. Thank you, sir, that will be fine. (The document referred to follows:)

Summary

OHIO

Ohio prohibits discrimination in the sale or rental of all categories of housing except the sale or rental of an owner-occupied two-family dwelling. The Ohio Civil Rights Commission is authorized to receive complaints of unlawful dis

crimination. The Commission investigates, and if reasonable cause exists for concluding that a violation has occurred, the Commission attempts to settle the matter by conciliation. If conciliation fails, a hearing is held before the Commission or a panel of hearing officers. In the event the Commission finds that an unfair practice has been engaged in, it issues a cease and desist order and many require other affirmative action. The Commission may petition for court enforcement of the order and either the complainant or respondent may obtain court review of an order dismissing the complaint, or a cease and desist order. Violations of the court's orders are to be punished as contempt.

I. PUBLIC HOUSING

Citation.-Page's Ohio Rev. Code. §§ 4112.01-4112.07 (Supp. 1965).

NOTE. These provisions are set forth below under the title Private Housing, but they also apply here.

II. URBAN RENEWAL

Citation.-Page's Ohio Rev. Code §§ 4112.01-4112.07 (Supp. 1965).

NOTE. These provisions are set forth below under the title Private Housing, but they also apply here.

III. OTHER PUBICLY ASSISTED HOUSING (FHA, ETC.)

Citation.-Page's Ohio Rev. Code §§ 4112.01-4112.07 (Supp. 1965).

NOTE. These provisions are set forth below under the title Private Housing, but they also apply here.

IV. PRIVATE HOUSING

Citation.-Page's Ohio Rev. Code §§ 4112.01-4112.07 (Supp. 1965).

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As used in sections 4112.01 to 4112.08, inclusive, of the Revised Code: (A) "Person" includes one or more individuals, partnerships, association's, organizations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and other organized groups of persons. It also includes, but is not limited to, any owner, lessor, assignor, builder, manager, broker, salesman, agent, employee, lending institution; and the state, and all political subdivisions, authorities, agencies, boards and commissions thereof.

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(F) "Commission" means the Ohio civil rights commission created by section 4112.03 of the Revised Code.

(G) "Discriminate" includes segregate or separate.

(H) "Unlawful discriminatory practice" means any act prohibited by section 4112.02 of the Revised Code.

(J) "Housing accommodations" includes any building or structure or portion thereof which is used or occupied or is intended, arranged, or designed to be used or occupied as the home residence or sleeping place of one or more individuals, groups, or families whether or not living independently of each other; and any vacant land offered for sale or leased for commercial housing.

(K) "Commercial housing" means housing accommodations held or offered for sale or rent by a real estate broker, salesman, or agent, or by any other person pursuant to authorization of the owner, by the owner himself, or by legal representatives, but does not include any personal residence offered for sale or rent by the owner or by his broker, salesman, agent, or employee.

(L) "Personal residence" means a building or structure containing living quarters occupied or intended to be occupied by no more than two individuals, two groups, or two families living independently of each other and occupied by the owner thereof as a bona fide residence for himself and any members of his family forming his household. If a personal residence is vacated by the owner it shall continue to be considered owner-occupied until occupied by someone other than the owner or until sold by the owner, whichever occurs first.

(M) "Restrictive covenant" means any specification limiting the transfer, rental, lease, or other use of any housing because of race, color, religion, national

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origin, or ancestry, or any limitation based upon affiliation with or approval by any person, directly or indirectly, employing race, color, religion, national origin, or ancestry as a condition of affiliation or approval.

§ 4112.02 Unlawful discriminatory practices.

It shall be an unlawful discriminatory practice:

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(H) For any person to: (1) Refuse to sell, transfer, assign, rent, lease, sublease, finance, or otherwise deny or withhold commercial housing from any person because of the race, color, religion, ancestry, or national origin of anyprospective owner, occupant, or user of such commercial housing;

(2) Represent to any person that commercial housing is not available for inspection when in fact it is so available;

(3) Refuse to lend money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of commercial housing or personal residence or otherwise withhold financing of commercial housing or a personal residence from any person because of the race, color, religion, ancestry, or national origin of any present or prospective owner, occupant, or user of such commercial housing, provided such person, whether an individual, corporation, or association of any type, lends money as one of the principal aspects of his business or incidental to his principal business and not only as a part of the purchase price of an owner-occupied residence he is selling nor merely casually or occasionally to a relative or friend;

(4) Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing, or subleasing any commercial housing or in furnishing facilities, services, or privileges in connection with the ownership, occupancy, or use of any commercial housing because of the race, color, religion, ancestry, or national origin of any present or prospective owner, occupant, or user of such commercial housing;

(5) Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise; for the acquisition, construction, rehabilitation, repair, or maintenance of commercial housing or a personal residence because of the race, color, religion, ancestry, or national origin of any present or prospective owner, occupant, or user of such commercial housing or personal residence;

(6) Print, publish, or circulate any statement or advertisement relating to the sale, transfer, assignment, rental, lease, sub-lease or acquisition of any commercial housing or personal residence or the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of commercial housing or a personal residence which indicates any preference, limitation, specification, or discrimination based upon race, color, religion, ancestry, or national origin;

(7) Make any inquiry, elicit any information, make or keep any record, or use any form of application containing questions or entries concerning race, color, religion, ancestry, or national origin in connection with the sale or lease of any commercial housing or the loan of any money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of commercial housing or a personal residence ;

(8) Include in any transfer, rental, or lease of commercial housing or a personal residence any restrictive covenant, or honor or exercise, or attempt to honor or exercise, any such restrictive covenant, provided that the prior inclusion of a restrictive covenant in the chain of title shall not be deemed a violation of this provision;

(9) Induce or solicit or attempt to induce or solicit a commercial housing or personal residence listing, sale, or transaction by representing that a change has occurred or may occur with respect to the racial, religious, or ethnic composition of the block, neighborhood, or area in which the property is located, or induce or solicit or attempt to induce or solicit such sale or listing by representing that the presence or anticipated presence of persons of any race, color, religion, ancestry, or national origin, in the area will or may have results such as the following:

(a) The lowering of property values;

(b) A change in the racial, religious, or ethnic composition of the block, neighborhood, or area in which the property is located;

(c) An increase in criminal or antisocial behavior in the area;

(d) A decline in the quality of the schools serving the area.

No person shall discourage or attempt to discourage the purchase by a prospective purchaser of a commercial housing or a personal residence by representing that any block, neighborhood, or area has or might undergo a change with respect to the religious, racial, or nationality composition of the block, neighborhood, or area.

(I) For any person to discriminate in any manner against any other person because he has opposed any unlawful practice defined in this section, or because he has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under the provisions of sections 4112.01 to 4112.07, inclusive of the Revised Code.

(J) For any person to aid, abet, incite, compel, or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, or to obstruct or prevent any person from complying with the provisions of sections 4112.01 to 4112.07, inclusive, of the Revised Code, or any order issued thereunder, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice.

(K) Nothing in division (H) of this section shall bar any religious or denominational institution or organization, or any charitable or educational organization, which is operated, supervised, or controlled by or in connection with a religious organization, or any bona fide private or fraternal organization, from giving preference to persons of the same religion or denomination, or to members of such private or fraternal organization, or from making such selection as is calculated by such organization to promote the religious principles or the aims, purposes, or fraternal principles for which it is established or maintained.

§ 4112.05 Proceedings on complaint; findings; transcript of record

(A) The Ohio civil rights commission shall, as provided in this section, prevent any person from engaging in unlawful discriminatory practices, as defined in section 4112.02 of the Revised Code, provided that before instituting the formal hearing authorized by this section it shall attempt, by informal methods of persuasion and conciliation, to induce compliance with Chapter 4112, of the Revised Code.

If it

(B) Whenever it is charged in writing and under oath by a person, referred to as the complainant, that any person, referred to as the respondent, has engaged or is engaging in unlawful discriminatory practices, or upon its own initiative in matters relating to any of the unlawful discriminatory practices enumerated in divisions (A), (B), (C), (D), (E), (F), (I), or (J) of section 4112.02 of the Revised Code, the commission may initiate a preliminary investigation. Such charge shall be filed with the commission within six months after the alleged unlawful discriminatory practices are committed. If it determines after such investigation that it is not probable that unlawful discriminatory practices have been or are being engaged in, it shall notify the complainant that it has so determined and that it will not issue a complaint in the matter. determines after such investigation that it is probable that unlawful discriminatory practices have been or are being engaged in, it shall endeavor to eliminate such practices by informal methods of conference, conciliation, and persuasion. Nothing said or done during such endeavors shall be disclosed by any member of the commission or its staff or be used as evidence in any subsequent proceeding. If, after such investigation and conference, the commission is satisfied that any unlawful discriminatory practice of the respondent will be eliminated, it may treat the complaint as conciliated, and entry of such disposition shall be made on the records of the commission. If the commission fails to effect the elimination of such unlawful discriminatory practices and to obtain voluntary compliance with Chapter 4112, of the Revised Code, or, if the circumstances warrant, in advance of any such preliminary investigation or endeavors, and if, with respect to an alleged violation of division (H) of section 4112.02 of the Revised Code, the commission finds that the complainant acted with intention of fulfilling any contracts or agreements he was seeking, the commission shall issue and cause to be served upon any person or respondent a complaint stating the charges in that respect and containing a notice of hearing before the commission, a member thereof, or a hearing examiner at a place therein fixed to be held not less than ten days after the service of such complaint. Such place of hearing shall be within the county where the alleged unlawful discriminatory practice has occurred or where the respondent resides or transacts business. The attorney general shall represent the commission at such hearing and present the

evidence in support of the complaint. Any complaint issued pursuant to this section must be so issued within one year after the alleged unlawful discriminatory practices were committed.

(C) Any such complaint may be amended by the commission, or a member thereof, or its hearing examiner conducting the hearing, at any time prior to or during the hearing based thereon. The respondent has the right to file an answer or an amended answer to the original and amended complaint and to appear at such hearing in person, or by attorney, or otherwise to examine and cross-examine witnesses.

(D) The complainant shall be a party to the proceeding and any person who is an indispensable party to a complete determination or settlement of a question involved in a proceeding shall be joined. Any person who has or claims an interest in the subject of the hearing and in obtaining or preventing relief against the acts or practices complained of may be, in the discretion of the person or persons conducting the hearing, permitted to appear for the presentation of oral or written arguments.

(E) In any proceeding, the member, hearing examiner, or commission shall not be bound by the rules of evidence prevailing in the courts of law or equity, but shall, in ascertaining the practices followed by the respondent, take into account all reliable, probative, and substantial evidence, statistical or otherwise, produced at the hearing, which may tend to prove the existence of a predetermined pattern or employment or membership, provided that nothing contained in this section shall be construed to authorize or require any person to observe the proportion which persons of any race, color, religion, national origin, or ancestry bear to the total population or in accordance with any criterion other than the individual qualifications of the applicant.

(F) The testimony taken at the hearing shall be under oath and shall be reduced to writing and filed with the commission. Thereafter, in its discretion, the commission upon notice to the complainant and to the respondent with an opportunity to be present may take further testimony or hear argument.

No person shall be compelled to be a witness against himself at any hearing before the commission or a hearing examiner of the commission.

(G) If upon all the reliable, probative, and substantial evidence the commission determines that the respondent has engaged in, or is engaging in, any unlawful discriminatory practice, whether against the complainant or others, the commission shall state its findings of fact and conclusions of law, and shall issue and, subject to the provisions of Chapter 119 of the Revised Code, cause to be served on such respondent an order requiring such respondent to cease and desist from such unlawful discriminatory practice and to take such further affirmative or other action as will effectuate the purposes of sections 4112.01 to 4112.08, inclusive, of the Revised Code, including, but not limited to, hiring, reinstatement, or upgrading of employees with, or without, back pay, admission or restoration to union membership, including a requirement for reports of the manner of compliance. If the commission directs payment of back pay, it shall make allowance for interim earnings. Upon the submission of such reports of compliance the commission may issue a declaratory order stating that the respondent has ceased to engage in unlawful discriminatory practices.

(H) If the commission finds that no probable cause exists for crediting the charges, or, if upon all the evidence, the commission finds that a respondent has not engaged in any unlawful discriminatory practice against the complainant or others, it shall state its findings of fact and shall issue and cause to be served on the complainant an order dimissing the said complaint as to such respondent. A copy of the order shall be delivered in all cases to the attorney general and such other public officers as the commission deems proper.

(I) Until a transcript of the record in a case is filed in a court as provided in section 4112.08 of the Revised Code, the commission may, subject to the provisions of Chapter 119 of the Revised Code, at any time, upon reasonable notice, and in such manner as it deems proper, modify or set aside in whole or in part, any finding or order made by it.

§ 4112.06 Judicial review

(A) Any complainant, or respondent claiming to be aggrieved by a final order of the commission, including a refusal to issue a complaint, may obtain judicial review thereof, and the commission may obtain an order of court for the enforcement of its final orders, in a proceeding as provided in this section. Such proceeding shall be brought in the common pleas courts of the state within any county

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