1961 US Commission on Civil Rights Report Book 2 - University of ...

conduct of public library services. The administration of public
libraries, the selection of personnel and library books and materials,
and, insofar as consistent with the purposes of this Chapter, the
determination of the best uses of the funds provided under this
Chapter shall be reserved to the States and their local
subdivisions. . . .
. . . The determination of whether library services are inadequate
in any area within any State shall be made by the State library administrative
agency of such State.
A provision of the act, however, empowered the <strong>Commission</strong>er of
Education to withhold any payment of funds: * 2
... if the <strong>Commission</strong>er finds after reasonable notice and opportunity
for hearing to the State agency administering or supervising
the administration of the State plan approved under this
Chapter, that the State plan has been so changed that it no longer
complies with the requirements of this Chapter or that in the administration
of the plan there is a failure to comply substantially
with the provisions required to be included in the plan. . . .
Judicial review by a Federal district court was provided in event of
withholding of the funds. 43
The term "public library" is clearly defined by the act: 44
The term 'public library' means a library that serves jree all residents
of a community, district, or region, and receives its financial
support in whole or in part from public funds; . . .
Under the regulations issued by the Department of Health, Education,
and Welfare for the implementation of the Act the term "public library
services" is defined as 46 —
. . . library services which are provided jree to all residents of a
community, district, county or region, and are financially supported
in whole or in part from public funds. Generally such term would
not include services provided by libraries which are organized to
serve a special clientele or purpose such as law, medical, and school
libraries.
Under the term "services" the regulations provide: **
The State plan shall provide that any services furnished under the
plan shall be made available free of charge under regulations prescribed
by the State library administrative agency.
145