this bill will be of assistance not only to the larger law schools, whose programs need assistance, too, but also to the smaller law schools which you do represent.

(Discussion off the record.)

Senator MORSE. Prof. Robert M. O'Neil, professor of law and assistant professor at the State University of New York.

Mr. SNEED. I don't know whether he is here yet, Senator.

Senator MORSE. I have taken over the seminar. I should have left it to you.

Mr. SNEED. That is perfectly all right, but I think he has been held up by upstate New York airline schedules, so with your permission we will go to Dean Tollett of Texas Southern.

Senator MORSE. Delighted to have you, Dean.

Mr. TOLLETT. It is my pleasure to be here, Senator.

I speak with a special perspective, the perspective of a dean of a predominantly Negro law school which is connected, of course, to a predominantly Negro institution.

Many if not most of these institutions receive considerable assistance from the Higher Education Act. It can be expected that much more assistance will be received under title III, Strengthening Developing Institutions, and also under title IV, Student Assistance.

I should first like to apologize for not having a prepared statement available. I have written one out, stenciled it, and sent it by airmail special delivery, but I got here before it got here.

Senator MORSE. That is perfectly all right.

Your full statement when it arrives will be inserted in the record at this point and you may digest it in your own way.

Mr. TOLLETT. Thank you, sir.

(The prepared statement of Mr. Tollett follows:)

PREPARED STATEment of KenneTH S. TOLLETT, DEAN, TEXAS SOUTHERN UNIVERSITY SCHOOL OF LAW; MEMBER, COUNCIL ON LEGAL EDUCATION OPPORTUNITY

In the 1964-65 academic year 701 Negro law students out of 54,265 law students were attending A. B. A. approved law schools. In the current 1967-68 academic year, although only 686 Negro law students are accounted for, about 1000 Negro law students out of 64,406 law students are estimated to be attending A. B. A. approved law schools. Barely 1.6% of law student enrollment is Negro. Roughly comparable percentages obtain for Negro lawyers. Negroes are woefully underrepresented in the legal profession. More Negroes must obtain legal training. Approximately 50% of the above Negro law students are attending predominantly Negro law schools. If it is important to train more Negro lawyers, then predominantly Negro law schools must be strengthened and further developed. More Negroes must get into and through law schools than have heretofore been the case.

The Higher Education Amendments of 1968, S. 3098, may assist predominantly Negro law schools in remedying this problem.

Title III-Strengthening Developing Institutions

Most, if not all, predominantly Negro law schools are connected with developing institutions. There is no reason why these or any other law schools should not be able to fully participate in the programs set forth in Part A for developing institutions.

Law school is a graduate program; it needs improvement as other graduate programs do. This is especially true of a law school associated with a developing institution. It should be made clear, if it is not already clear, that law schools are eligible to receive the benefits provided for in Part B.

Title IV-Student Assistance

Financial hardship is a major obstacle to minority and other underprivileged groups in receiving a higher education. Again, the Higer Education Amendments of 1968 may play a major role in removing this obstacle. The obstacle is not abated in these groups in graduate or professional schools. Indeed, financial hardship is likely worsened in those schools.

Thus, there is no reason for limiting Educational Opportunity Grants to the undergraduate level as Sec. 401 (1) of Part A provides. Now, more than ever, a "priority" is placed upon the services of such students.

It is most commendable that the $800.00 limitation on grants is raised to $1,000.00 and the exclusion of assistance from work-study programs is repealed. However, it is unfortunate that these salubrious amendments are deferred in their effectiveness until the fiscal year 1970, if I correctly read the Amendments. One or the other or both should be made effective the fiscal year 1969. Financial hardship should not be permitted to wall up the underprivileged and impoverished behind the battlements of despair and desperation.

The National Defense Student Loan is a marvelous program. The increases in yearly and aggregate amounts lendable to undergraduate students and in aggregate amount lendable to graduate or professional students will benefit all students, especially those from minority and disadvantaged groups.

Serious consideration should be given to providing for partial cancellation of law school loans of law students who work in legal aid or legal services offices. A formula for forgiveness could be modeled after the one for full-time teachers in higher education. Sec. 405 (a) (2) (B).

In this and in all other programs calling for a university to make capital contributions to loan or work-study funds, the contributions of a developing institution should be kept at a minimum.

Work-Study Programs are especially valuable and should be expanded. Predominantly Negro institutions, both graduate and undergraduate, have a special need for funds to enable their students to receive assistance without the possible crippling and debilitating effects of needless handouts. In graduate and professional schools, work-study can be an integral part of the teaching and learning process. Our needs here cannot be overemphasized.

The Insured Loan Program is a valuable adjunct to financial aid programs for students in higher education. Means should be explored for reducing the administrative cost of private lending institutions which participate in Part B's Program. Perhaps, universities or colleges should approach various lending institutions initially instead of students.

Conclusion

Senator Morse, I am pleased to have had an opportunity to express a few words in support of S. 3098, Higher Education Amendments of 1968. The rule of law and reason is being challenged at home and abroad. Law is the refinement of man's aspiration to be rational and humane. The educational enterprise is devoted to the nurturing and development of reason. We can ill-afford today to ration so niggardly the resources needed for reason while we blithely expend enormous resources to test the constituency of the moon, the effectiveness of modulated deathmaking instruments.

Black men ask to participate in and direct the search for the rule of law and reason. Are we to be cast into outer darkness because we are black? We believe we can make a significant contribution to higher education, indeed, legal education.

The shrill voice of violence ricochets from one hardened racist to another. High above the din, reason may burst into bloom. Let us predominantly Negro and developing higher educational institutions participate in the blossoming of the rule of law and reason.

LAW STUDENT ASSISTANCE

Mr. TOLLETT. I am especially interested in title IV which deals with student assistance. Financial hardship is a major obstacle to minority and other underprivileged groups in receiving higher education, and the Higher Education Amendments of 1968 continue to play a major role in removing this obstacle.

The obstacle is not abated in these groups in graduate or professional schools. Indeed, financial hardship is likely to worsen in graduate and professional schools for minority group members, and others from disadvantaged backgrounds. Thus there is no reason for limiting the educational opportunity grants to undergraduate level, as section 401, subsection 1 of part A provides. Now more than ever a priority is placed upon the services of such students.

It is most commendable that the $800 limitation in grants-in-aid is raised to $1,000, and the exclusion of assistance from work-study programs is repealed.

However, it is unfortunate that these salubrious amendments are deferred in their effectiveness until the fiscal year 1970, if I correctly read the amendments.

One or the other or both of these provisions should be made effective in the fiscal year 1969. Financial hardship should not be permitted further to wall up the underprivileged and impoverished behind the battlements of despair and desperation.

The national defense student loan is a marvelous program. The increases in yearly and aggregate amounts lendable to undergraduate students and in aggregate amounts lendable to graduate or professional students will be of benefit to all students, especially those from minority and disadvantaged groups.

Serious consideration should be given to providing for partial cancellation of law school loans of law students who work in legal aid or legal services offices.

A formula for forgiveness could be modeled after the one for fulltime teachers in higher education.

Work-study programs are very valuable also.

Senator MORSE. Are you proposing that, Dean, for addition to this bill? It is not in the bill.

Mr. TOLLETT. I know, but I am suggesting that it be given serious consideration.

Senator MORSE. I call attention of counsel to the committee. I want you to make note of this recommendation of Dean Tollett. Get an amendment drafted for consideration of the committee, a memorandum in support of it based upon Dean Tollett's statement, and whatever other statements may be made during the seminar in regard to his amendment.

I may ask other members of the seminar to comment on it before we adjourn.

You may proceed.

WORK STUDY

Mr. TOLLETT. Work-study programs are especially valuable and should be expanded. Predominantly Negro institutions, both graduate and undergraduate, have a special need for funds to enable their students to receive assistance without the possible crippling and debilitating effects of needless handouts.

In graduate and professional schools, work-study can be an integral part of the teaching and learning process. Our need here cannot be overemphasized.

The insured loan program is a valuable adjunct to financial aid pro

grams for students in higher education also. Indeed, any source of money to assist students with disadvantaged backgrounds is valuable. In conclusion, Senator Morse and Senator Yarborough, I am pleased to have had an opportunity to express a few words in support of Senate bill 3098. The rule of law and reason is being challenged at home and abroad. Law is a refinement of man's aspiration to be rational and human.

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

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

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

SMALLER LAW SCHOOL NEED

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

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

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

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

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 retired law professors. Senator Yarborough recognizes that. He has introduced this amendment that would provide some financial assistance to law schools in the employment of professors emeritus. They could continue their teaching, and I hope before the morning is over you 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 this committee under the chairmanship of a former distinguished dean of the law school of America.

Mr. Chairman, I wish that I could have been here earlier to welcome not only Dean Tollett from my home State, but also Professor Sneed, who is president of the Association of American Law Schools and who went to Stanford from the University of Texas.

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

I had a number of great law professors at the University of Texas, two of whom became deans of other law schools: Dean Green of Western, Dean McCormack of North Carolina, both called back home.

I had the great privilege as a law student of having in my classes five different deans, Dean Townes, Dean Hilderbrandt, Dean Butte, who later became a member of the Supreme Court of the Philippines, and 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 appointed by the Governor to the State board of law examiners when, because it was incompatible under the Constitution, I had to resign. I didn't get to teach long enough to find out whether I would have made good in your profession or not.

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

With that experience, I served briefly in the latter 2 years as a member of the board of directors of the National Association of Law Examiners, which was an adjunct of the American Bar Association.

So this morning I was on the program of the congressional groups from the two Houses in welcoming the President of Liberia. Normally I would have been here, but due to that happy function and privilege and duty, I was late in arriving.

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