grams for students in higher education also. Indeed, any sourc money to assist students with disadvantaged backgrounds is valu

In conclusion, Senator Morse and Senator Yarborough, I am ple to have had an opportunity to express a few words in support of Se bill 3098. The rule of law and reason is being challenged at home abroad. Law is a refinement of man's aspiration to be rational human.

The educational enterprise is devoted to the nurturing and deve ment of reason. We can ill afford today to ration so niggardly the sources needed for reason while we blithely spend enormous resou to test the constituency of the moon, the effectiveness of modul deathmaking instruments.

Black men ask to participate in and direct the search for the ru law and reason. Are we to be cast into outer darkness because we black? We believe we can make a significant contribution to hi education, indeed legal education. The shrill voice of violence ri chets from hardened racist to another. High above the din reason flower into bloom. Let us predominantly Negro and developing hi educational institutions participate in the blossoming of the rul law and reason.

Senator MORSE. Dean Tollett, I am delighted that my right on this committee, although he sits at my left, has arrived in to hear your testimony. He was tied up in another meeting s could not be here at 9 o'clock. I am very glad to have Senator borough here, and I want him to make any comments he cares to. ask whatever questions he wishes to ask you or the panel as a w I want to say, before we get through with the seminar this mor that I want your individual views on an amendment that Ser Yarborough has already offered to this bill, with which I find m in full agreement.

SMALLER LAW SCHOOL NEED

It is an amendment which he proposes for assistance to smalle schools-that isn't exactly the descriptive term he uses but I us term smaller law schools, his term is probably more accurate; he weaker law schools, meaning weaker in terms of financial supp he calls his amendment assistance for employment of prof emeritus.

He points out that we are losing some of the best teaching h in the law school world by mandatory retirement in the various se in some instances at 62 years, 65 years, 70 years.

In support of his amendment I call your attention to what you better than I because you are more up to date on it. That is the faculty at Hastings. I have said the record will show that probab most able faculty of the law schools in this country, if you permit me to say it in your presence, may very well be Has judging from the professors emeritus that serve on it.

My old law school dean, Dean Fraser, retired I understand Hastings last year at the age of 85, the father of Congressman I in the House, is undoubtedly one of the great scholars in the 1 real property in the country. There was for many years Fra Hastings, and one of their most recent acquisitions, a profess

torts, Harnoo of Illinois, Morgan on evidence, I could go right on down the list, a great faculty. Fortunately he was not lost to legal scholarship, because Hastings was willing to employ.

There are a lot of other law schools that could make use of our ret red law professors. Senator Yarborough recognizes that. He has duced this amendment that would provide some financial assiste to law schools in the employment of professors emeritus. They d continue their teaching, and I hope before the morning is over will give us your valuable judgment in regard to this amendment. I wanted to mention it before Senator Yarborough proceeds. Senator Yarborough.

Senator YARBOROUGH. Thank you, Senator Morse.

Gentlemen, you know what a privilege and pleasure it is to serve on committee under the chairmanship of a former distinguished dean the law school of America.

Mr. Chairman, I wish that I could have been here earlier to welcome only Dean Tollett from my home State, but also Professor Sneed, This president of the Association of American Law Schools and who to Stanford from the University of Texas.

My university has trained a number of professors and deans of Ter law schools, and I hope the day comes when we pay them so we don't lose them.

I had a number of great law professors at the University of Texas,
Tof whom became deans of other law schools: Dean Green of West-
Dean McCormack of North Carolina, both called back home.
I had the great privilege as a law student of having in my classes
fre different deans, Dean Townes, Dean Hilderbrandt, Dean Butte,
To later became a member of the Supreme Court of the Philippines,
Dean Green and Dean McCormack.

We welcome you deans here with a warm heart.

I taught briefly at the University of Texas Law School until I was ted by the Governor to the State board of law examiners 1, because it was incompatible under the Constitution, I had to n. I didn't get to teach long enough to find out whether I would emade good in your profession or not.

I had an experience later. For 4 years I was a member of the teboard of law examiners. I had to grade some 3,000 law papers a I quit that after 4 years, it took so much time I couldn't practice and do that, too, very well.

With that experience, I served briefly in the latter 2 years as a memof the board of directors of the National Association of Law miners, which was an adjunct of the American Bar Association. this morning I was on the program of the congressional groups the two Houses in welcoming the President of Liberia. NorI would have been here, but due to that happy function and ege and duty, I was late in arriving.

Par dean and chairman has stepped out for a moment. I don't know The planned to call on next. I have another bill that I am more rested in than our professor emeritus bill. I have another amendhere providing for universal higher education without tuition. Since offering this amendment, having some discussion the other hy. I have a study here that was made by the National Association

of State Universities and Land-Grant Colleges which shows t American college students pay higher tuition and a greater shar the cost of their education as students than most any other cour in the world.

PUBLIC SERVICE

I think it shows the necessity that the governments of this cou and different countries bear the cost of educating the young gen tion-the youth-to full use of citizenship and give them a be opportunity to do a better job of running the country than has done in the past.

I am impressed by the fact that when I was a law student, Gov ment service was rather scorned in law schools, picked fun at it. I Hildebrandt used to say his cutbacks, his misfits as he called t would go into Government service. The percentage of attorneys ser the Government at different levels now being in excess of 20 per I hope we get a little something besides what we used to call in Te "Hildebrandt's cutbacks." I hope that Government service is not do graded in the law schools of America as it used to be some 40 y ago. It was taught at that time, I think, in most law schools that desideratum was to serve some corporation faithfully and diligen and that anything else in Government was kind of the enemy of pri business, and private representation. I think from what I have h in different places that that day is happily past in the teaching of in America.

I believe the next person on the list, and I join in welcoming a you, particularly Professor Sneed, for the opportunity he got in T to go to Stanford, and Dean Tollett for his leadership there as of law school, I believe the next person on the list is Professor C of the University of Pennsylvania Law School.

Mr. SNEED. Senator Yarborough, we had to skip over Profe O'Neil because he wasn't here just a moment ago, and I think it w be better if we picked him up at this point, if that is all right you, Senator.

Senator YARBOROUGH. Oh, yes. You moderate there as presider the association. We have a list. You call on any order you v Professor Sneed.

Unfortunately for me I will have to leave in a minute becau have a delegation of my fellow Texans waiting downstairs, a siz delegation, attempting to get a badly needed dam on a river in a f dry area in Texas. That hearing starts at 10 o'clock, so I will have excused for a few more minutes until that hearing ends and th will come back.

Mr. SNEED. Thank you, Senator. Just one personal note. I was h to hear you mention having graded bar examinations, because i minded me of the fact that you graded mine.

Thank you, sir.

Now, Professor O'Neil.

Senator MORSE. I am going to interrupt for just a moment. (Discussion off the record.)

Senator MORSE. I want to go back on the record for a moment Dean Tollett and then we will pick up with Professor O'Neil wh complete these questions.

Dean Tollett, how many law schools are there in the country at the student body is predominantly Negro?

Mr. TOLLETT. Four, Howard University, North Carolina, Southern, Texas Southern, and Florida A. & M., which will be closing at the end

of this year.

Senator MORSE. They have some white students?

Mr. TOLLETT. I don't know about Florida A. & M. and Southern, I know North Carolina has white students. Howard University and we do also. Out of 67 students, we have 15 white students. Senator MORSE. Would I be correct in my impression that most of se law schools have a considerable library deficiency?

Mr. TOLLETT. That would be true. Certain libraries need strengthenThe minimum requirements of the ABA, of course, we meet in es of library holdings. It would be of considerable value for us to be to strengthen our library holdings.

ator MORSE. The provisions of this bill provide for improved facilities and books; that would be of great help to you? : M: TOLLETT. Yes.

cator MORSE. Do you have any suggestions to make in regard to * modification in the bill with respect to library revisions? Mr. TOLLETT. Mr. Cohen is going to speak on that subject.

LAW LIBRARY NEEDS

Stator MORSE. Fine. I will give you a special assignment, if I may. agong to ask counsel to send to you the testimony yesterday of Mr. ford, the Librarian of the Library of Congress, and the other arians that have testified.

I think you will find in that testimony some material that will be of at help to you if you take it and apply it to your library needs with

recommendations to the committee as to how it can be applied the law school libraries. Although they meet the minimum standards

American Law School Association, they nevertheless fall conrably short of the total number of books that they would like to 1 in order to provide the students with necessary library facilities. I may be mistaken but it is my impression that one of the things we can do best in this bill is to emphasize the library facilities secof it. I should think that would be particularly true with regard to of the smaller law schools, such as, Dean Manning, your law 2l, and schools such as South Dakota which will gain a lot from -bill.

I wish you would take a special look at it from that standpoint.
Mr. TOLLETT. I will certainly be happy to do that, Senator. Our big-
problem, of course, though, is financial assistance to students.
Senator MORSE. To students?

Mr. TOLLETT. Our students are in financial need. Too many of them are to work. Of course if they are working, they can't get to the ban.

ator MORSE. You view as the primary assistance that we could you through this legislation would be in connection with the stuoan program, the student fellowship program, the student workAy program?

Mr. TOLLETT. Educational opportunity grants also, if they coul made available to graduate or professional students.

Mr. O'NEIL. My apologies to the subcommittee for my late arri I have submitted a prepared statement which is somewhat lo than the remarks that I hope to make this morning, which wil rather brief and directed particularly to my concern as a represe tive of the Council on Legal Educational Opportunities.

(The prepared statement of Mr. O'Neil follows:)

PREPARED STATEMENT OF ROBERT M. O'NEIL, PROFESSOR, STATE UNIVERSIT NEW YORK AT BUFFALO

My specific concern this morning is with the relevance of Senate Bill 30 Higher Education Amendments of 1968-to the Council on Legal Educat Opportunity. The Council has come into being within the past several m for the primary purpose of enhancing opportunities for the study of lav members of minority groups. Its activities are expected to be supported grant from the Office of Economic Opportunity. In addition, the Council a pates limited support-principally for purposes of financial assistance to dents from a private foundation. Its initial phase for the summer of 194 cludes four centers or institutes for students graduating from college this and planning to begin the professional study of law in the fall.

The shortage of minority group members in the legal profession represe critical national problem. Although precise figures are difficult to obtain. estimates will suggest the seriousness of the shortage. Although the Negro j lation of the United States today approximates 21 million, there are no than 3,000 Negro attorneys. Although Negroes constitute roughly 10% o nation's population, their representation in the legal profession is about Of the 5,000 attorneys who are members of the bar of the State of Georgia, 34 are Negroes. Twelve of these are employed by the federal government. only 22 Negro lawyers are engaged in private practice in a state with a large white population.

The other minority groups are no better represented in the American profession. In the entire nation there are not more than four or five Ame Indian attorneys. Although nation-wide figures for Spanish-Americans ar available, the situation in Denver is illustrative. Some 9% of the city's po tion is of Spanish-American descent. But fewer than ten of the 2,000 lawye the metropolitan area bear Spanish surnames.

Minority group membership in the bar is growing at a rate so slow as to a little cause for optimism. Last year, for example, there were only 200 Ne among the 10,000 graduates of American law schools. A slowly increasing ber of minority group members are admitted to the study of law; but th gains that might be realized from more enlightened admissions policies are ously undermined by a higher attrition rate for minority group students.

If there is one single condition overwhelmingly responsible for the sho of minority group lawyers and law students, it is the economic or financial f In 1965 law school deans throughout the country were asked to explain th Negro enrollment figures in their institutions. Many factors were identi including lack of motivation, inadequate undergraduate education, deficie formation about legal opportunities and cultural-social conditions. The gr number of deans, however, "felt that insufficient finances kept Negroes fr legal education." A later (1967) report of the Advisory Committee for the M ity Groups Study notes that economic opportunities for some minority grou students have recently improved. But the Committee's report cautions: "Al is not to say that the economic difficulties are being overcome all down the There is a limit to how far the student can reasonably be expected to mor his future, especially one who is struggling to achieve professional educatio spite the handicaps of his own personal economic and other circumstance: If the Council on Legal Educational Opportunities is to achieve its pri mission to bring substantially greater numbers of Negroes, Spanish-Amer and American Indians into the legal profession-additional financial assis for law students is urgently needed. The admission of increasing numbers o advantaged students will sharply increase the already strained schola budgets of the nation's law schools. The problem, in short, will be an in