D

URING the months of May and June 1950, three noteworthy Federal Court decisions were rendered affecting education. The principles of law established by these decisions are:

1. Where a public school teacher is required under State law to attend summer school (or take an examination on five selected books) as a prerequisite for renewal of her teacher's certificate, the amount expended by the teacher in attending a summer school is deductible as "ordinary and necessary business expenses" for income tax purposes. (Hill v. Commissioner of Internal Revenue, decided May 19, 1950, U. S. Court of Appeals, 4th Circuit.)

2. A State may not, after admitting a student to its State University, afford him different treatment from other students solely because of his race. (McLaurin v. Oklahoma, decided June 5, 1950, U. S. Supreme Court.)

3. A Negro student has a constitutional right to an education equivalent to that offered by the State to students of other races. The Court found that the legal education which was offered at a separate law school was not substantially equal to that offered at the State University. (Sweatt v. Painter, et al., decided June 5, 1950, U. S. Supreme Court.)

Because of the wide interest in the principles of law established by these decisions and also the conditions under which these principles are applicable, there is presented below a brief resume of the facts in each of the three decisions above cited.

Teacher's Summer School Expenses Deductible for Income Tax Purposes

Hill v. Commissioner of Internal Revenue. This case arose in Virginia and was decided by the United States Court of Appeals, Fourth Circuit, May 19, 1950. The Virginia law required teachers, as a condition for the renewal of their certificates, to attend a summer school or to take an examination on five selected books. Nora Hill, a teacher, attended summer school. The expenses incurred by summer school

by Ward W. Keesecker Specialist in School Legislation

attendance amounted to $239.50, which she deducted in computing her net income on her income tax return. The income tax officials disallowed these expenses on the ground that they were personal expenses.

The question for court determination was: Was the taxpayer in this case correct in deducting the summer school expenses as "ordinary and necessary expenses" incurred in carrying on her trade or business?

The Court answered this question affirmatively, saying:

Our conclusion is that the expenses incurred by the taxpayer were incurred in carrying on a trade or business, were ordinary and necessary, and were not personal in nature. She has . . . complied with both the letter and spirit of the law which permits such expenses to be deducted for federal income tax purposes. We do not hold . . . that all expenses incurred by teachers attending summer school are deductible. (Hill v. Commissioner of Internal Revenue, 181 F. 2d 906, May 19, 1950.)

Racial Equality of Education
Sustained by the United States
Supreme Court

McLaurin v. Oklahoma, June 5, 1950.The question presented in this case was whether a State may, after admitting a student to graduate instruction in its State University, afford him different treatment from other students solely because of his race. The Court decided only this issue.

This case arose over an attempt on the part of the Oklahoma State University authorities to maintain separate treatment of a Negro student after having admitted the student to the graduate courses at the University. The Negro student was required to sit apart at a designated desk in an anteroom adjoining the classroom; to sit at a designated desk on the mezzanine floor of the library; and to sit at a designated table and eat at a different time from the other students in the cafeteria. The lower court held that these conditions did not violate the provisions of the Fourteenth Amendment.

During the interval between the decision of the lower court and the hearing in the Supreme Court the treatment afforded the

appellant was modified, he having been assigned to a seat in the classroom in a row specified for colored students, assigned to a table in the library on the main floor, and was permitted to eat at the same time in the cafeteria although he was assigned to a special table.

The Supreme Court reversed the decision below and held that "State-imposed restrictions which produce such inequalities cannot be sustained." Speaking further, the Court said:

re

It may be argued that appellant will be in no better position when these restrictions are moved, for he may still be set apart by his fellow students. This we think is irrelevant. There is a vast difference-a Constitutional difference-between restrictions imposed by the state which prohibit the intellectual commingling of students, and the refusal of individuals to commingle where the state presents no such bar. . . .

the Fourteenth Amendment precludes differences in treatment by the state based upon race. Appellant, having been admitted to a state-supported graduate school, must receive the same treatment at the hands of the state as students of other races. . . .

Sweatt v. Painter, et al., June 5, 1950.— This case presented the question: To what extent does the Fourteenth Amendment limit a State to distinguish between students of different races in professional and graduate education at a State University? The petitioner had been rejected from the University of Texas Law School solely because he was a Negro. He therefore sued for mandamus to compel his admission. Later a separate School of Law of the Texas State University for Negroes was established at Austin. The petitioner refused to register. at the new school, contending that the facilities of such school were not equal to those offered by the State to white students at the University of Texas.

The Supreme Court of the United States took judicial notice of the facilities and opportunities offered by the different law schools. The Court observed:

In terms of number of the faculty, variety of courses and opportunity for specialization, size of

the student body, scope of the library, availability of law review and similar activities, the University of Texas Law School is superior. What is more important, the University of Texas Law School possesses to a far greater degree those qualities which are incapable of objective measurement but which make for greatness in a law school. Such qualities, to name but a few, include reputation of the faculty, experience of the administration, position and influence of the alumni, standing in the community, traditions and prestige. It is difficult to believe that one who had a free choice between these law schools would consider the question close.

In accordance with these cases [others cited by the Court], petitioner may claim his full constitutional right: legal education equivalent to that offered by the state to students of other races. Such education is not available to him in a separate law school as offered. . . .

We hold that the Equal Protection clause of the Fourteenth Amendment requires that petitioner be admitted to the University of Texas Law School. . . .

History in Facsimile

REPRODUCTIONS of historic documents,

the originals of which are preserved by the United States Government in the National Archives, are now available at low cost. These invaluable aids to teaching may be ordered from the Exhibits and Publications Officer, National Archives, Washington 25, D. C. Orders for 100 or more copies of the Bill of Rights (No. 1) or the Emancipation Proclamation (No. 16) should be sent directly to the Superintendent of Documents, Government Printing Office, Washington 25, D. C., with check or postal note remittances made payable to the Treasurer of the United States.

The latest list of historic document facsimiles announced by The National Archives is as follows:

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W

HEN THE Korean crisis occurred the

last week in June, most schools and colleges were closed for the summer vacation period. Dispatches from the area of aggression reaching the United States within hours of the surprise attack, however, soon alerted the Nation's educational leaders to a situation which could call for all-out effort on the part of every educator and educational institution.

Earl James McGrath, U. S. Commissioner of Education, formed an advisory committee within the Office of Education to consider plans for education in view of the world situation, and invited all division directors and staff specialists of the Office to suggest ways of gearing their programs to national and international needs. Shortly after President Truman had outlined to the Congress and the public on July 19 the military and economic measures the United States had taken and should take in connection with the Korean crisis, Commissioner McGrath submitted a report to the National Security Resources Board. This statement set forth ways in which the Office of Education could serve the Nation's defense. The statement refers to two general categories or types of service which the Office of Education stands ready to perform in this emergency. One would be that in which the Office of Education would be the operat ing agency. In the second function the Office of Education would serve in an advisory and consultative capacity, with the operating administrative responsibility and the funds channeled through some other agency.

During July

The National Security Resources Board was established by the National Security Act of 1947 to advise the President concerning the coordination of military, industrial, and civilian mobilization. The work of the Board is concerned with both current and long-range problems from the standpoint of the national security. In the performance of its functions, the National Security Resources Board is authorized to utilize the facilities and resources of the various de

partments and agencies of the Government. Commissioner McGrath's report thus went to the top planning body for any possible

emergency.

Commissioner McGrath's first memorandum relating to national defense which he addressed to administrative officers of higher education institutions, to chief State school officers, and to other educational leaders, on July 26 explained that the "National Security Resources Board has stated as a general policy that mobilization planning and operation will be the responsibility of the existing departments and agencies, and has indicated to the Federal Security Agency and its Office of Education that it looks to the latter to serve as the focal point for all planning in the educational area."

The same memorandum urged institu tions of higher education "to proceed with their own planning on an individual basis and to suggest the kinds of services they can render most effectively."

Other educational leaders and organizations were busy also during July, making plans and stimulating action in behalf of the defense effort by American education. The American Council on Education sponsored an exploratory meeting early in the month. Also in July the National Council of Chief State School Officers sponsored a conference of educational leaders "to explore the place of education in the developing war situation and to plan how to make the forces of education totally effective in the national interest." Held at the headquarters of the National Education Associa tion in Washington, D. C., July 28, this meeting brought together local, State, and national representatives of education at all levels. Spokesmen for the Office of Education were Rall I. Grigsby, Deputy Commissioner of Education, Henry F. Alves, Director, Division of School Administration, R. W. Gregory, Assistant Commissioner for Vocational Education, and John Dale Russell, Director of the Division of Higher Education. Nine topics were considered at the morning session: The role of education in World War II such as

vocational defense training, experience with rationing, draft registration and other forms of teacher and school personnel service, secondary school curriculum modifications, emergency allocation of equipment and supplies for education, problems in war-congested areas, manpower problems and their effect upon education, teacher supply and demand, aviation training, and surplus property distribution to schools and colleges. Said Pearl Wanamaker, President, National Council of Chief State School Officers, who presided at the conference, "Whether this struggle lasts 6 months, 5 years, or 25 years, America's schools and colleges will see it through." She concluded that "we can best prepare youth for peace, international tension, or war through the day-to-day work of good schools."

"Somehow, this time, a way must be found to make training for and continuance in an essential civilian field as patriotic as enlisting," Francis J. Brown, American Council on Education, told the conference.

S. M. Brownell, President, Department of Higher Education, National Education Association, asked that a way be found for students entering service before completion of high school to complete high school in a shorter length of time.

A. L. Raffa, of the National Security Resources Board, who attended the meeting as an observer, reaffirmed that his agency looks to the Office of Education "as the focal planning point for education."

Three Guiding Principles

The educators agreed on three guiding principles: one, that the main business of schools and colleges during the international tension is to continue their full programs of education and instruction; two, that the needs of education for teaching personnel, materials for construction and supplies, and equipment for classroom use must have No. 2 priority after the needs of the military are met; and three, that in order to maintain orderly relations between the Federal Government and the Nation's schools and colleges there must be created a unified council of educators who will be in a

position to speak authoritatively for all of American education.

An interim committee was established, with Willard E. Givens, National Education Association, as Committee Chairman, Edgar Fuller, National Council of Chief State School Officers, as Secretary, and James McCaskill, National Education Association, as Coordinator. More than 75 national organizations were invited to the second Conference for Mobilization of Education to Meet the National Emergency held September 9-10.

On August 5 the American Council on Education held a conference on The Service of Education to the National Emergency. The conference authorized a letter to President Truman pledging that the colleges stand ready to give every possible assistance to the country in the present emergency. At this conference Major W. E. Gernet, Office of the Secretary of Defense, and Mr. Robert Clark, of National Security Resources Board, announced that the Office of Education had been selected as the Government agency through which planning and contacts with educational institutions, organizations, and school systems of the country would be maintained.

General Hershey of Selective Service told the conferees that deferment of a college student doesn't mean he escapes military duty, only that he postpones his entry until he can get preparation which will make him more useful to the Nation. He indicated that plans were being prepared to give objective tests to all 18-year-old men. Those with high scores will be deferred as long as they maintain grades that keep them in the upper half of their classes.

The American Council on Education held a committee meeting on August 31-September 1 on Relationships of Higher Education to the Federal Government. Plans were made for the October conference

to be attended by more than 1,000 college and university leaders.

A number of official pronouncements relating to national defense have been issued by Federal Government departments and agencies during July and August. These

releases and bulletins are the basic documents which govern policies of deferment. and training. They form part of the record of education's organization for service to the Nation since the crisis in Korea.

The U. S. Department of Commerce released a "Tentative List of Essential Activities." Ninety major groups appear in this official listing. Major Group 82, Education Services, "Includes establishments furnishing formal academic or technical courses, correspondence schools, commercial and trade schools, and libraries."

MORE COMPLETE reports of educational mobilization conferences held during September and October will be carried in subsequent issues of SCHOOL Life.

A "List of Critical Occupations" (preliminary draft) was released by the Department of Labor on July 24. According to this Department of Labor guide, a teacher in a critical occupation "instructs students in colleges or universities, or apprentices or other workers in essential industries or activities, for the purpose of developing skills and knowledges essential and unique to the performance of critical occupations. The subjects taught may include both the theory and procedure of job performance." He "usually specializes in instruction pertain "usually specializes in instruction pertaining to one occupation, one aspect of an occupation, or a field of study common to a number of critical occupations. . .

The "critical occupations" teacher "employs, singly or in combination, such teaching methods as lecture, discussion, supervised study, supervised practice, or actual job performance." He is "usually a qualified worker in the occupational field," and "may combine practice or research in the occupational field with teaching duties."

A defense-related release was issued by the Federal Security Agency, Office of Education, on July 27, announcing the establishment of a National Scientific Register Project in the Office of Education, with James C. O'Brien, National Security Resources Board, as Director. Commissioner

McGrath said in this release that "the NSRP will record and evaluate the competencies of the Nation's specially trained and highly skilled personnel in important scientific fields. It will report on the character and distribution of the national supply of manpower in the various scientific fields and will consider steps which might be taken to increase the numbers of highly skilled personnel in shortage areas. This is a service of obvious significance in the present international situation," said the Commissioner of Education.

The Secretary of Defense on August 1 issued a memorandum titled, "Delays in Call to Active Duty for Members of the Civilian Components of the Armed Forces Possessing Critical Occupational Skills (M-20-50)." Point 6 in the directive from the Secretary of Defense states that "delays. in call to active duty should be made on an individual basis only. Under no circumstances should blanket delays be granted." Department of Defense Release No. 989-50 of August 3 interprets the "Deferment Policies for Reservists." This release also gives detailed information as to where "requests for delay in call should be addressed" for reservists in the Army, Navy, Marine Corps, Air Force, and National Guard.

Also on August 3 the Department of Commerce made public a "Tentative List of Essential Activities" requested by the Department of Defense as a guide for calling up for active duty members of the civilian components of the Armed Forces. Three criteria used in assembling the categories in the "essential activities" guide, Secretary of Commerce Charles Sawyer pointed out, are: 1. Activities directly contributing to the production of war materials; 2. Activities necessary for the maintenance of the production of war materials; and 3. Activities essential for the maintenance of national safety, health, and interest. This is the same listing as that issued in preliminary form on July 24 by the Department of Labor.

National Headquarters, Selective Service System, issued its Operations Bulletin No. 1 on August 8 on the subject of defer

ment for college students. General Hershey, in this bulletin, specified three conditions under which local draft boards could consider occupational deferment for registrants. Copies of this bulletin were sent to all college and university presidents and chief State school officers by Commissioner of Education McGrath in his Commissioner's News Letter of August 9 as Emergency Supplement No. 1.

Emergency Supplement No. 2

Emergency Supplement No. 2, of the Commissioner's News Letter, issued August 17, informed presidents of institutions of higher education that the Department of Defense has been asked to appoint an official liaison committee to keep the Office of Education continuously informed about developments in the National Military Establishment that affect civilian educational institutions. The Supplement enclosed an outline of "Types of Information Which Institutions May Wish To Maintain Currently on File" in their advance planning for service to the Nation. The suggested survey outline has eight major breakdowns: Housing facilities for students, facilities for feeding students and faculty, facilities for student and faculty health service, buildings and utilities, instructional facilities available, organized programs of teaching and research, faculty, and general community information.

Two national committees, serving in an advisory capacity to the Office of Education on problems of vocational education, held a 3-day conference August 17-19. The conferees discussed the role of vocational schools and classes in helping meet the Nation's defense and possible emergency needs. Commissioner of Education Earl James McGrath called the conference which was attended by State directors of vocational education and chief State school officers holding membership on the vocational education advisory committees.

Commissioner McGrath at this conference said that vocational schools, in cooperation with the U. S. Office of Education, directed the training of more than 111⁄2 million workers for war production industry and to meet civilian needs of the armed forces in World War II. Training programs involved use of vocational education personnel and facilities around the clock and in many communities every day of the week. Since 1945, through Federal, State, and local funds, training facilities in all

branches of vocational education-training for industry, for agriculture, homemaking, and business occupations-have been mod. ernized and expanded. These facilities are on call for any emergency in the days ahead. The Commissioner said also that many vocational schools already are training aircraft workers and are giving other specialized training in line with needs accented by the world situation.

The vocational education advisory group stressed the need for training of replacements for those going into the armed services or other essential positions, including the training of foremen for industry, as well as supplemental training to extend the skills of persons already employed. Also considered was the training of office workers needed by business, industry, government, and the armed services. The conferees devoted considerable time to discussion of the distribution of the labor force and most efficient use of manpower resources of the Nation for training, education, civilian and military employment, so as to insure the use of skills where they may be most needed. Other significant releases relating to the educational action for the Nation's defense include the following:

Release No. 27 of the U. S. National Commission for UNESCO, issued by UNESCO Relations Staff, Department of State. This release sets forth considerations for possible courses of action recommended by the Executive Committee of the U. S. National Commission for UNESCO "with respect to the impact of the Korean situation on the

Release announcing statement by the National Commission on Teacher Education and Professional Standards of the National Education Association on "The Signal Role of Education in National Security." This statement was released August 21 at a meeting of the Commission held at the University of Wisconsin, Madison, and is available from the University. The Commission said in part:

"In a world torn by conflicting ideologies, the schools must be a stabilizing force for children and youth. In the years of strug gle which inevitably lie ahead, the schools must serve the essential purposes of their communities. Most of all, they must develop in the rising generations the skills, the understandings, and the attitudes needed to preserve democratic America and to promote peace and cooperation among the nations.

"Effective mobilization of America's forces in the present conflict demands wise use of the full potential of our schools. Come war, come peace, we dare not ignore the long leverage which the schools exert. In their support, promotion, and improvement lies much of the substantial hope for a decent future for mankind."

areas where acts of aggression may occur." Two of the recommendations were: 1. Devising and utilizing all available means for the dissemination of the facts concerning the causes of the present situation in Korea and other actions which may threaten the peace in other areas of the world; and 2. Convening regional conferences for education and information.

Release to students of the Division of University Extension, Massachusetts Department of Education (August issue).This release says, "We suddenly find ourselves in the midst of a crisis and many of us not yet adjusted to the situation must be wondering what direction to take. For instance, how should we allow the crucial trouble in Korea to affect our educational plans? The best answer we have found is the one General Eisenhower recently gave to the students attending the Columbia University summer session: 'You are meeting

HIGHER EDUCATION, the Office of Education semimonthly periodical, has a lead article in the September 1 issue on the Federal Scholarship Bill. The article is by Bernard B. Watson, Specialist for Physics, Division of Higher Education, Office of Education. This Bill was introduced in the Senate (S. 3996) on August 1, 1950, by Senator Elbert D. Thomas, and in the House of Representatives (H. R. 9429) on August 14, 1950, by Representative Graham A. Barden.

Other major articles in the September 1 issue of HIGHER EDUCATION are: "Supreme Court Opinions on Segregated Education," "Preparation for College History Teaching," and "Congressional Activities of Interest to Higher Education."

HIGHER EDUCATION subscription price is $1 a year in the United States and $1.50 a year to foreign countries. The single issue. price is 10 cents.