School expenditures are but one index to the plight of the Negro pupil in the South. In general appearance the school structures assigned to Negro children, especially in the small towns and rural districts in the deep South, are dilapidated one- and two-teacher frame shacks. One investigator, Dr. Charles S. Johnson, found in 1942 that 65 percent of all Negro public schools in Louisiana were one-teacher outfits and another 27 percent were two- or threeteacher schools. In 1938 the value of public-school property in 10 Southern States was estimated to be scarcely one-fifth of the corresponding figure for whites notwithstanding the fact that one-third of the total value of Negro school buildings were financed by a wellknown philanthropist, Julius Rosenwald. Schools for Negroes are uniformly kept open for a shorter period than are white schools. The average term for the Negro schools has been found to be 13. percent shorter than for whites. Although Negro pupils account for approximately one-third of the rural school population in the South they received only 3 percent of the expenditures for free school bus transportation.

Another shocking type of discrimination which burdens Negro education in the South is the Negro-white salary differential for public-school teachers. In spite of the fact that Negro teachers usually have a 25 percent higher pupil load; in spite of the fact that they hold identical State teacher licenses, Negro teachers are mulcted out of approximately $25,000,000 annually because of lower salaries paid them.

Again, the United States Office of Education throws some light on the character and extent of this form of discrimination. In 11 Southern States during the year 1943-44, the average salary for a white teacher was $1,475 as compared with $976 for a Negro. And again, Mississippi was the worst offender. In that State a Negro teacher received 224 percent less than a white one: that is to say, Negro teachers received an average of $342 as against $1,107 for whites.

Average salary per member of instructional staff, 1943-44, in 11 States

Derived from Statistics of Education of Negroes, 1941-42 and 1943-44, U. S. Bureau of Education.

It is our considered opinion that few, if any, Southern States will correct this situation or, in the foreseeable future, bring their syste

of public education up to a desirable level without an enlarged program of direct aid from the Federal Government.

With these considerations in mind we have studied carefully the bills pending before this committee dealing with Federal aid to education. From our study we favor the general approach to this problem taken in S. 472, with this reservation: That a floor of $40 annually is much too low to provide a decent education. Forty dollars would give only the barest minimum. We believe that children in the richest nation in the world today are entitled to more than that. They are entitled to receive Federal aid in such amounts as will equip them to live in, and make a substantial contribution to, an increasingly technical and industrialized society.

Recent developments, for instance, in the cotton industry illustrates the point. With the advent of the mechanical cotton pickers millions of agricultural workers will be displaced. These persons will have to leave the land and find occupations in industry. Such a transition will put them in direct job competition with existing urban workers and will require new skills and know-how. They will, undoubtedly, need more than a bare minimum education which would be of dubious adequacy for a well-rounded and successful life even in rural areas. What is occurring in cotton is but a harbinger of what is happening, or will happen, in many other occupations and industries.

We therefore recommend that the appropriation for the first year of the act be increased to such an amount as will provide a minimum of $50 per pupil. We also urge that appropriations for each succeeding year be progressively increased until each child in every State is guaranteed by the Federal Government a minimum per capita expenditure of $100 per annum.

races

Attention has also been given to provisions contained in S. 472 designed to "provide for a just and equitable apportionment of such funds for the benefit of public schools maintained for minority I should say here, Mr. Chairman, that the association is unequivocally opposed to segregation but since the question has been raised with reference to previous Federal aid to education bills, I would say that we do not regard this legislation as a means of eliminating segregation. We have suits pending in four or five State courts now on that question and I want to reiterate that we do not regard this legislation as a means of eliminating segregation in the South.

Though there is no doubt as to the obvious intent of these sections to safeguard the interests of Negroes in States having separate schools with respect to the expenditure of Federal funds for education, we feel that the bill can be materially strengthened on this point.

This committee will recall that the Selective Service Act of 1940 carried a clause prohibiting discrimination on account of race in the selection and training of men under the act. The exact language of that act is as follows:

Provided: That in the selection and training of men under this Act and in the interpretation and execution of the provisions of this Act, there shall be no discrimination against any person on account of race and color.

We are all familiar with the pattern of discrimination against Negroes in both the Army and Navy. It reached such outrageous proportions as to border on an international scandal. The NAACP

has also had experience with Federal administrators who, under the lash of political pressure, have time and time again closed their eyes to the plain language and intent of the law they took an oath to uphold and enforce.

I refer to these facts simply to say that a nondiscrimination clauseno matter how well intentioned the framers might be is not selfexecuting. We should, therefore, like to see in S. 472 some administrative procedure set out whereby an aggrieved citizen with a bona fide complaint might make formal representations where it is alleged that funds are not being equitably apportioned by a State.

Section 7 (1d) provides that the State educational authority shall audit the expenditure of funds received and apportioned to local school jurisdictions. We believe that the United States Commissioner of Education should be authorized under this act to make an independent audit of expenditures of Federal moneys. The entire history of the administration of State educational funds, where separate schools are maintained for the races, justifies our worst fears. Most of these States have shown a settled determination to distribute funds. in an unequal manner. Every possible precaution should be taken to guard against this where Federal funds are involved.

We therefore recommend as a substitute for section 8 of S. 472, the following amendment setting out an administrative procedure to assure equitable minority group participation under the act:

SEC. 8. The Commissioner shall cause an audit to be made of the expenditures of funds under the Act by each State educational authority. Such audits shall at all times be available for public inspection. If either before or after an audit has been made any person shall complain to the Commissioner that he has reason to believe that any portion of the funds appropriated under this Act have been expended by any State in a manner contrary to the provisions of this Act, or have otherwise been lost or unlawfully used, the Commissioner shall afford such person a hearing on his complaint. If the Commissioner, after notice and hearing to the State charged with the improper expenditure or loss, upon either complaint filed by any person or upon the Commissioner's own complaint, finds that any person or upon the Commissioner's own complaint, finds that any portion of the funds appropriated under this Act have been expended by any State in a manner contrary to the provisions of this Act, or have otherwise been lost or unlawfully used, an equal amount shall, after reasonable notice, be withheld from subsequent payments to any such State unless such amount is replaced by such State and expended for the purposes originally intended: Provided, That the State educational authority shall have the right to appeal, within thirty days, from the decision of the Commissioner to withhold funds to a United States District Court and such court shall have jurisdiction as to both fact and law. Any person who has filed a complaint before the Commissioner pursuant to this section shall likewise have the right to appeal, within thirty days, from the decision of the Commissioner not to withhold funds, to a United States District Court. If the Commissioner fails to provide a hearing on a complaint within three months after it has been filed with him or fails to issue a decision within six months after the close of the hearing on such complaint, the person who filed the complaint may file a suit in a United States District Court which shall then try the case de novo. In either an appeal from a decision of the Commissioner not to withhold funds or a trial de novo of a suit filed after the Commission has failed to proceed to a decision within the time specified, if the court finds that any portion of the funds appropriated under this Act have been expended by any State in a manner contrary to the provisions of this Act or have otherwise been lost or unlawfully used, the Court shall direct the Commissioner to withhold an equal amount from subsequent payments unless such amount is replaced by such State and expended for the purpose originally intended.

Surely a nation which contributed $341,000,000,000 toward winning World War II will not hesitate to invest during peacetime a represent

60144-47-23

ative proportion of the national income for the education of future American citizens. We earnestly urge the Congress speedily to enact legislation to provide adequate Federal aid to education.

I have one further observation that I should like to refer to and it has to do with S. 472, and in the formula with respect to need, page 4,

it says:

When the percentage ratio thus determined in "D" for any State is less than 2.5, the amount of Federal aid due each such State, as computed under “C” shall be proportionately reduced.

We would like to recommend that the 2.5 be reduced to, say, 1.8. Now, currently, that is to say, the last available figures, which were 1945, compiled by the Office of Education, there is only one State, that is to say, New Mexico, which is currently spending 2.61 percent of its annual income for education and we believe that 2.5 is much too high because an average of all of your State expenditures would probably average something like 1.8.

We feel that later, as the act gets under way, and as you approach a much larger formula, that that figure can be reduced to 2.2 of the expenditures.

Senator AIKEN. I am sure the committee will take the suggestion under consideration when we get down to writing the bill.

Thank you for your testimony, Mr. Perry.

The next witness is Fred W. Young, representing the National Americanism Commission of the American Legion.

Col. JOHN THOMAS TAYLOR. I am Colonel Taylor of the national legislative committee and I want to present Fred W. Young of the National Americanism Commission and who has devoted a great deal of time and study to this committee.

Senator AIKEN. Mr. Young, will you proceed with your testimony?

STATEMENT OF FRED W. YOUNG, NATIONAL AMERICANISM COMMISSION OF THE AMERICAN LEGION

Mr. YOUNG. I am glad to have this opportunity to appear before this committee to discuss legislation providing for Federal aid to education. I shall address myself to the general question of Federal aid and its importance to the welfare of our Nation rather than to the specific features of any bill.

I would like to read the resolution which was passed by the national convention of the American Legion at San Francisco in October 1946.

Whereas, the critical situation in American education caused by the shortage of teachers is undermining the educational opportunity of millions of children and constitutes a threat to the individual competence which is a cornerstone of national defense. The reason for present exodus from the teaching profession is primarily an economic one. We therefore reiterate the action taken by the national.executive committee of the American Legion in 1945 adopting the following resolution:

"We recommend the consideration of legislation before the United States Congress providing for Federal participation in school support, and urge that legislation which adequately protects the schools from Federal domination and secures the continued existence of local control of schools receive the support of the American Legion.

"The American Legion now resolves that, in view of the present serious situation, its support will be vigorous and continuous."

The American Legion has, therefore, by convention mandate pledged its vigorous and continuous support to legislation providing

for Federal participation in school support which secures the continued and permanent existence of local controls of schools. It has, however, pledged its vigorous and continuous opposition to legislation which would permit Federal domination or control of or interference with the schools.

The American Legion, composed of millions of American citizens from all walks of life, is vitally interested in all questions which affect the welfare of our Nation. The American Legion is, therefore, vitally interested in education and subscribes to the following principles: One. Education is the foundation for national security.

Two. Equality of opportunity is the fundamental basis of demo

cracy.

Three. Health education with correction of defects of early life will produce a more virile people.

Four. Universal education with equal opportunity for all is a unique contribution so far as the American way of life is concerned.

Five. Education generally has never been satisfactorily supported throughout the Nation.

Education is the foundation for national security. A representative republic cannot hope to endure with an illiterate citizenship. Dicttors and totalitarian regimes are the inevitable results of lack of education. Our State legislators, our Governors, our Representatives in Congress, and in fact, all of our public officials cannot rise far above the general level of our citizenship because those officials were chosen by our citizenship in free elections. Selective service statistics in World War II revealed an alarming situation in our Nation with reference to illiteracy. The selective service was forced to reject enough men because of illiteracy to have provided several divisions of our Army. Ignorance and illiteracy are natural allies to the many isms which threaten the American way of life. Therefore, illiteracy is one of our greatest threats to national security.

Equality of opportunity is the fundamental basis of democracy. Equality of opportunity cannot exist without equality of educational opportunities. Equality of educational opportunity cannot be achieved in our Nation under present conditions. A study of the wide range which exists between the States in their ability to finance an educational program reveals an alarming situation. A comparison of the amount of wealth available per child in Mississippi for education with that in California, New York, New Jersey, and many other States provides convincing evidence that Mississippi can never provide the educational opportunities to her children by her own resources which the other States mentioned can provide with little effort. In 1944-45 New Jersey, by expending 1.74 percent of its peoples' income, provided $198 per child in school. Mississippi in the same year provided only $44 per child in school by using 1.64 percent of its total income. The poorer States can never hope to provide that broad curricula which will adequately take care of the needs of ther children or pay adequate salaries to their teachers on a basis comparable to wealthier States without assistance.

The fact should be emphasized that the youth of our country, irrespective of where they are born or educated, are the future citizens of the entire Nation. They will determine the way of life and the type of government which our country will have. Another fact is most significant: Ours is a mobile population. There has been con