populace, including elected Representatives, was opposed to the busing of students to create the racial balance under the guise of equal educational opportunity.

The citizens of Dallas sincerely felt that our Board of Trustees had done an excellent job in providing educational opportunities for all of the students in the Dallas Independent School District and had conscientiously followed previous Court rulings and guidelines.

We felt then, and still feel, that our democratic system has suffered a severe blow when the will of the vast majority of our citizens is violated by Federal Court orders under the pretense of upholding our Constitution.

We have built the greatest nation in the world and the greatest society known to man under the belief that our Constitution was "of the people, by the people and for the people", and when any Court violates that belief, our whole nation and its citizens are the losers.

We are currently encountering many problems in our schools due to the situations caused by the racially balancing procedures by force of Court edict, and the sooner we show effort in the direction of alleviating this situation, the more faith our citizens will have in our Democracy and the more readily they will accept the current situation when they have hope that it will be corrected by the proper democratic procedures.

Since we already have laws passed by our Congress spelling out their position, as well as financing (or rather the lack of financing) of busing for racial balance, it seems that we can now only pass a short, concise, understandable Constitutional Amendment. This must be an Amendment understandable by the most learned Judge and unschooled citizen alike. It must be an Amendment whose language is definite, understandable and non-negotiable.

I would urge that such an Amendment be adopted with all haste and that we diligently pursue ratification by the several states to settle this issue before it rips our Country apart.

STATEMENT OF M. RUTHERFORD, CANDIDATE, STATE BOARD OF EDUCATION, BRYAN, TEX.

Topic: (School Transportation Busing).

To: Honorable Members; House Judiciary Committee, Washington, D.C.

The Honorable Olin E. Teague, D-Tex., has invited my comments for your scrutiny during your deliberations about the merits of equal educational chances for all our children through fluid transportation policies.

John Kenenth Galbraith has said, "When stumped by a problem the American liberal rarely admits defeat. He takes the offensive with words." 1

No doubt you have a McKinley-mountain of paper urging to stop America's landslide of educational opportunities afforded our poor children via public school transportation policies now construed as the law of the land (14th Amendment). Let us ponder probusing.

For almost 18 years our federal judiciary has shown reasonable and humane flexibility ordering desegregation of our nation's schools. America is fortunate with the federal judiciary outside political control so that we can remain a nation of laws, not men. This intelligent, Constitutional proviso confirms our forefathers' wisdom under capable leadership of James Madison-who was a brave man for his era.

Efforts to thwart equal educational opportunities for all our citizens arouse my concern for the general welfare of America's humanitarian civilization.

In perspective, the Texas Revolution of 1836 comes to mind. Texas newcomers promptly declared independence March 2, 1836, at Washington-on-the-Brazos, Texas, listing among their complaints and justification for violent revolution poor educational opportunities. Thus Texians fought a war, or revolution, to assure better educational opportunities.

Using history as a guidelight, must we deny equal chances for education, create a mass of discontented persons, and let our poorly-trained National Guard slaughter these disgruntled. deprived American citizens who will rebel over the quality of their lives and lack of opportunities for improvement?

1 John Kenneth Galbraith, American Capitalism, The Concept of Countervailing Power (Boston: Houghton, Mifflin Company, rev. ed., 1956), 64–83.

We will have large scale revolution in this country if the Congress of the United States, in collusion with the 37th President's unwillingness to enforce laws he has sworn to uphold, halts educational fluidity in this country.

You are requested to show bravery, courageous leadership away from racial bigotry and emotional prejudice. The Fourteenth amendment and federal court decisions upholding Constitutional language must be supported and obeyed.

Twice in this century Constitutional language has been ignored to plummet this nation in two undeclared wars. At great expense American lives, limbs and liberties were taken in these violent conflicts without due process of law.

Now are we to take away equal educational opportunities of our small children, as you have allowed their fathers to forfeit lives, limbs and liberties in undeclared wars without due process of law-as promised, also, in our great covenant of laws, the best yet devised in the history of humankind and the world? Respect our courts, our seasoned teachers who know first-hand the consequences of class against class without fair chances to develop educational reason, social mobility among rich and poor, racial tranquility among all our people.

Keep transporting our children to better educational opportunities. Our federal judges, school boards, educators, parents will support reason, not force, if shown the light. Beginning 35 years ago, school busing in my district opened equal educational opportunities to farm children living outside towns and city schools. Bus rides complemented the educational process, teaching children how to talk with one another. These buses 35 years ago stopped the practice of children walking up to five miles per day to school, which had included my parents before me.

Do you want American school children today to walk through miles of dangerous city blocks as prey for molesters, dope pushers, abductors, murderers, rapists? Do you want our children loitering on these unsafe streets instead of healthy, safe rides via buses?

Modern man is obsolete in many ways, as former Saturday Review editor Norman Cousins eloquently wrote in the 1940s. The neighborhood school concept is a simple blind for racism, economic segregation. The growth of our society also makes the neighborhood school concept obsolete.

In Texas, for instance, our schools have been built primarily to aid real estate development, not academic excellence. Our school bonded indebtedness is one of the highest of any state in the nation, yet most new schools in Texas are constructed in blue-stocking districts or proposed blue-stocking districts.

Transportation is the solution.

Little boys and girls no longer can walk safely from home to neighborhood schools in America.

And would you, honorable members of Congress, stop busing? Then only parents wealthy enough to afford automobiles could transport little children to school. The poor? As in the past, the poor little children would have to walk and therefore, consequently be prey to violence lurking on every street corner.

It costs less than 15 cents per child per daily ride to school. In a large city, for example, is it safer for 5.000 mother-driven automobiles to converge on 50 schools twice a day or just 50 buses?

Reasonable busing, as ordered by our federal courts, will prevent America's humanitarian civilization from being overpopulated with primitivism. We must not let a proliferation of individuals with Orville Faubus attitudes destroy equal educational opportunities for all our children. It is cheaper to transport our students for better educations than to deprive disadvantaged children equal chances to learn all that they can absorb in a fair, democratic learning environment.

Up to 12 years in substandard, segregated school systems assure America of a large, primitive population disillusioned with our society. It is cheaper today to transport our children than to pay tomorrow for increased numbers in prisons, mental institutions and hospitals-the ultimate result of Congressionally-enforced and Presidentially-led ignorance, disease, poverty, and crimes upon our

disadvantaged.

We must not allow an unenlightened Congress to cut off the lamp of learning to poor whites, reds, yellows, browns, blacks. All are Americans, our flesh and blood, and deserve full citizenship benefits—including all the education they can absorb.

Affluent children should mingle, learn to get along with our poor. If we halt school transportation programs, freeze them, then you gentlemen aid in paving

our Sesame Street with the stones of bigotry right up to Adolf Hitler's grave. Brave, humanitarian, democratic leadership can fulfill Thomas Jefferson's realities, Abraham Lincoln's proclamation-both of which were inspired by James Madison's promises for a great America in Philadelphia almost 200 years ago. We mustn't bomb our children's futures and America's capitalism and prosperity with school transportation restrictions freeezing learning. If we do, we foxhole equal educational chances for all our children.

Let us help our children grow into resourceful, responsible and energetic American citizens.

Gettting them to the best schools, the best teachers, better social environments-even for as few as 1,000 hours per year-will assure America of political health for eons and eons to come.

A private school's headmaster, a Harvard graduate with over 30 years of teaching experience, says:

"We have no professional counselors at St. John's. Our teachers do the counseling. To advise a student, you must teach him.

"I hope all American families will continue to have the choice of where they live, where they work, and where they send their children to school." 2

Most poor parents choose to send their children to better public schools. Let us, through reasonable school transportation policies decided by men of law, enrich our poor with upward mobility to academic excellence.

STATEMENT OF GARDEN CITY, MICH., CIVIC ASSOCIATION, BY MARY MARKOWICZ,

SECRETARY

We are here to discuss a Constitutional Amendment, while it would appear that the governing body sees but, sees not, hears but, hears not! Let us use the vernacular, "Right on!, but steady as we go." We are indeed embarking on an uncharted course in strange waters. We are obligated to take proper soundings and proceed with care. The decision made by this honorable body will not only affect the lives of all the children of this great Nation, but also, those not yet born.

Let us not consider here the demands of any race. Rather, let us concern ourselves with the health, and welfare of all children; Indian, Oriental, Chicano, Black, White, all of America's great melting pot of nationalities.

As we peruse a Constitutional Amendment let us consider whether or not this will accomplish our purpose. I respectfully refer you to Public Law 88-352, 88th Congress, H.R. 7152, July 2, 1964:

TITLE IV-DESEGREGATION OF PUBLIC EDUCATION

Sec. 401 (b) "Desegregation" means the assignment of students to public schools and within such schools without regard to their race, color, religion, or national origin but "desegregation" shall not mean the assignment of students to public schools in order or overcome racial imbalance."

In view of this and, from a laymans point of view, the highest court in this land it would appear has already broken a Federal Law.

In Fact, are not all of our children being used for a great political power play? Do the powers to be in this great land expect, or rather believe that the parents of all races are not wholly and, completely aware of the manuvering of our offsprings by the unscrupulous for their own selfish gain?

The use or misuse of our Constitution, the interpretation or misinterpretation of our Constitution not withstanding, the motives are coming clearly into focus It is alleged that Ben Franklin said after the signing of the Constitution, "We have given you a republic now, it's up to you to hold onto it." That is what we are here for!

Article IX-of the Constitution states, "The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people."

We would refer you to Article III-of the Constitution. Nowhere in Article III concerning Judicial power can the Constitution be interpreted to read that

2 E. K. Salls, The Houston Chronicle, February 17, 1972. St. John's is a college preparatory school near River Oaks in Houston, an affluent area.

any court in this land has the power to deprive the children of this country of their right to equal protection under the law.

Article XIV-of the Constitution states in Section 1. "All persons born or naturalized in the United States, and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of Life, Liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the law."

Are we to interpret then, that only the privileged few are to use this Article XIV or misuse it to serve only their purposes? Are we being told that because children are not of a certain race that they are not also protected under Article XIV? What we have here gentlemen is an exercise in futility! How, can any court, or judge be empowered with the authority of judging which child is to be protected under Article XIV and, which child is not?

The Constitution is clear. “All Persons”. Not just black, white, Indian, Chicano, "All Persons."

It is the duty and responsibility of this Judiciary Committee, the President, The Senate, The Congress, The Courts, The Judges, every man and woman in this country to guarantee "the equal protection of the laws" to every child in this country.

There is much yet left unsaid but, we will not bore you with lengthy detail. However, only the ignorant are blind to what is happening in this country. I beg your indulgence to allow me to quote Patrick Henry who stated on March 23rd, 1775. "But different men often see the same subject in different lights, and therefore, I hope it will not be thought disrespectful to those gentlemen if, entertaining as I do, opinions of a character very opposite to theirs, I should speak forth my sentiments freely and without reserve. This is no time for ceremony. The question before the house is one of awful moment to the country. For my own part, I consider it as nothing less than a question of freedom or slavery." "Are we disposed to be of the number of those who, having eyes, see not, and having ears, hear not, the things which so nearly concern their temporal salvation?"

"I know of no way of judging the future but by the past."

"I ask you gentlemen, sir, what means the martial array, if its purpose be not to force us to submission? Can gentlemen assign any other possible motives for it?"

"What have we to oppose to them? Shall we try argument? Sir, we have been trying that for the last ten years. Have we anything new to offer upon the subject? Nothing. We have held the subject up in every light of which it is capable; but it has been all in vain. Shall we resort to entreaty, and humble supplication? What terms shall we find which have not been already exhausted?" "Let us not, I beseech you, sir, deceive ourselves longer, Sir, we have done everything that could be done to avert the storm which is now coming on. We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned with contempt from the foot of the throne."

"Our chains are forged."

"What is it that gentlemen wish? What would they have? Is life so dear, or Peace so sweet as to be purchased at the price of Chains and Slavery? Forbid it Almighty God! I know not what course others may take but as for me give liberty or give me death!"

"The voice of the turtle is heard in the land." I would submit to you with this closing thought, the reality of what is happening in this land. This issue has forced a wedge between the races which should not exist! The country is falling apart. We who love all children are torn to bits and pieces inside at the deplorable demonstrations we have witnessed. Although the Constitution states, "All power is in the people", we are here to implore the Judiciary Committee to look out over this country and see the bright, shining, happy faces of the children, let us not change this to misery and trauma.

With respect and humility, we submit that at this point gentlemen, "It's all in your hands."

80-449 72 - pt. 1 - 19

FEBRUARY 28, 1972.

Hon. EMANUEL CELLER,

Chairman, House Judiciary Committee, Rayburn House Office Building,
Washington, D.C.

MR. CHAIRMAN: As you requested, I am submitting my written statement concerning the busing situation in the Charlotte-Mecklenburg school system. Attached to this statement are some statistics which I feel will be of interest to you.

Lest you think this the rambling rationalization of a native Southerner, please note:

I was born in Philadelphia, Pennsylvania, thirty-five years ago. Both my parents were public-school teachers. After receiving twelve years of education in the public-schools, I attended Temple University for two years, from 1955 to 1957, majoring in Elementary Education. During that time, I worked part-time for the Ford Foundation. I married a young medical student in 1956. Six years and two sons later we moved to Charlotte, North Carolina and my husband set up his medical practice in the small neighboring town of Mt. Holly.

I was pleasantly surprised to find that this area enjoyed good-will and warmth between the races which far exceeded that of Philadelphia. In fact, prior to the 1970 District Court Order here, which plunged our county into massive busing, the Charlotte-Mecklenburg School System was held up as a model for the others to follow by the same District Court. Charlotte was hailed by many, as the most progressive area in the South regarding race relations. In the 1968-69 school year, of the 15 systems which had comparable pupil enrollments and comparable percentages of black students, Charlotte-Mecklenburg ranked 5th in the percentage of schools having racial mix.

Since the above mentioned Court Order, the atmosphere here has changed radically. Our schools have been frought with racial tension and torn by riots on numerous occasions. Many whites who previously accepted integration, when faced with having their children spend hours on a bus daily to go to schools miles away from their neighborhoods, have enrolled them in private schools. Our enrollment has dropped from 84,542 in November 1969 to 79,108 as of February 10, 1972. Until this, our enrollment increased on the average of 2000 students yearly.

Last Summer, the Board's Desegregation Committee on which I served, worked many hours to draw an assignment plan which would meet the Court's Order while lessening the trauma for the community and equalizing the burden, as much as possible. However, when we submitted our assignment plan to the District Court it was revised to such an extent that certain white children are bused miles from their neighborhood schools for 8 of their 12 school years while others are not required to leave their traditional schools for even 1 year. Many of the Black children are bused away from their neighborhood schools for 9 to 12 years. Since most of the Black housing, both public and private, is concentrated in one section of the County, this is unavoidable if we are to maintain a less than 50% Black enrollment in each of our 104 schools, as ordered by Judge James B. McMillan, our District Court Judge.

The bitterness which is growing out of this arrangement is staggering. Students, Negro and White, have repeatedly come before the Board pleading to be treated as people, not colors and numbers. I wonder if your reaction would be any different from theirs if you suddenly found yourself stripped of your individual identity and importance to become a nameless, faceless, number in a racial ratio all in the name of "Quality Education". I ask you, "What quality?" Can anyone truly believe that out of all this transportation, color consciousness and emotional upheaval, wil come improved quality education?

I hope you will not turn aside from this and future testimony which I am offering your committee.

There are many kinds of prejudice, other than racial, and it is easy but grossly unfair to sit in judgment of a situation without first hearing both sides of the question. Thus far the Courts have been the only ones to have their say. Please give the people involved in those Orders a chance to tell it like it is.

Sincerely,

JANE B. SCOTT,
Charlotte-Mecklenburg,

Board of Education.