tion, and of the postponement which its exercise in accordance with the terms of the statute would entail until necessity and practicability appeared, that the state court considered and upheld as adequate the provision for the legal education of negroes, who were citizens of Missouri, in the universities of adjacent States. Board of curators authorized to reorganize. - Definition & Examples, Disaster Management: Dealing with an Environmental Crisis, The Impact of a Country's Infrastructure on Businesses, Quiz & Worksheet - Biological Theories of Crime, Quiz & Worksheet - The Positivist School of Criminology, Quiz & Worksheet - Sociological Theories of Crime, Quiz & Worksheet - Individual Trait Theory of Criminology, Quiz & Worksheet - Psychological Theories of Crime, Interpersonal Relationships of Older Adults, Work, Leisure & Community Involvement in Retirement, CPA Subtest III - Financial Accounting & Reporting (FAR): Study Guide & Practice, ANCC Family Nurse Practitioner: Study Guide & Practice, AACN Acute Care Clinical Nurse Specialist - Adult Gerontology (ACCNS-AG): Study Guide & Practice, ANCC Gerontological Nursing: Study Guide & Practice, Therapeutic Communication & Culturally Congruent Practice in Nursing, Theories of Human Development, Motivation & Coping, Legal, Ethical & Regulatory Considerations in Nursing, Primary, Secondary & Tertiary Prevention in Healthcare, Pros and Cons for Schools Reopening Amid Coronavirus Concerns, High School Student's Guide for Minimizing & Managing School Stress During COVID-19, Praxis Tests & COVID-19: Online Testing, Scheduling & Implications, Resources for Supplementing an Online Homeschool Curriculum, Online Homeschooling Guide: How to Keep Your Kids Engaged and On Track, Developing an Engaging Online Homeschool Curriculum, What is Bank Fraud? It is there that the equality of legal right must be maintained. The question here is not of a duty of the State to supply legal training, or of the quality of the training which it does supply, but of its duty when it provides such training to furnish it to the residents of the State upon the basis of an equality of right. Gaines v. Canada, 305 U.S. 337 (1938), was a United States Supreme Court decision holding that states that provide a school to white students must provide in-state education to blacks as well. Mandamus is not a writ of right, but is granted only in the court's discretion upon consideration of all the circumstances. And, apparently, it was because of that discre- [p344] §§ 9346-9349). Amend. Id., p. 489. The Supreme Court held that even though Lincoln University did offer an equal education to Black students, the lack of a law school coupled with the remedy of sending Gains to an out-of-state school, constituted an inequality under the equal protection clause of the 14th Amendment, after all, White students did not have to leave their home state in order to attend law school.  
Under the opinion just announced, I presume she may abandon her law school and thereby disadvantage her white citizens without improving petitioner's opportunities for legal instruction; or she may break down the settled practice concerning separate schools and thereby, as indicated by experience, damnify both races. Messrs. Wm. Decided by Hughes Court . We must conclude that in so doing the court denied the federal right which petitioner set up and the question as to the correctness of that decision is before us. Compare Cumming v. Board of Education, , 55 S.Ct. [305 1. We do not find that the decision of the state court turns on any procedural question.

Petitioner insists that for one intending to practice in Missouri there are special advantages in attending a law school there, both in relation to the opportunities for the particular study of Missouri law and for the observation of the local courts,3 and also in view of the prestige of the Missouri law school among the citizens of the State, his prospective clients. It is so ordered. 121; 113 S.W.2d 783, reversed. The State should not be unduly hampered through theorization inadequately restrained by experience. Argued: Nov. 9, 1938. By the operation of the laws of Missouri, a privilege has been created for white law students which is denied to negroes by reason of their race. Compare Cumming v. Board of Education, 175 U.S. 528, 544, 545. If a State furnishes higher education to white residents, it is bound to furnish substantially equal advantages to negro residents, though not necessarily in the same schools. [305 [305 275 U.S. 370 regents of the University of Maryland as the agents of the State entrusted with the conduct of that institution.

59 S.Ct. U.S. 308, 311 Lloyd Gaines graduated from Lincoln University, a public university specifically for black students, in 1935. This page was last edited on 20 July 2020, at 21:14. Arant v. Lane, 249 U.S. 367, 371. The State has sought to fulfill that obligation by furnishing equal facilities in separate schools, a method the validity of which has been sustained by our decisions. 579, 580. Gaines v. Canada (1938), Houston argued that it was unconstitutional for Missouri to exclude blacks from the state’s university law school when, under the “separate but equal” provision, no comparable facility for blacks existed within the state. That court well understood the grave difficulties of the situation, and rightly refused to upset the settled legislative policy of the State by directing a mandamus. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The State has sought to fulfill that obligation by furnishing equal facilities in separate schools, a method the validity of which has been sustained by our decisions. 7183-7187). The action was for mandamus, but it does not appear that the remedy would have been deemed inappropriate if the asserted federal right had been sustained. GAINES v. CANADA(1938). --. Pending that time, adequate provision is made for the legal education of negroes in the university of some adjacent State, as heretofore pointed out. Kenneth has a JD, practiced law for over 10 years, and has taught criminal justice courses as a full-time instructor. depend upon the number of persons who may be discriminated against, whereas the essence of the constitutional right is that it is a personal one. As to the first ground, it appears that the policy of establishing a law school at Lincoln University has not yet ripened into an actual establishment, and it cannot be said that a mere declaration of purpose, still unfulfilled, is enough. 11, 3, and by statute separate high school facilities are supplied for colored students equal to those provided for white students (R.S.Mo. The 14th Amendment requires that all persons be treated equally under the law. al. Thus, the law left the curators free to adopt the latter course. P. 352.   That court well understood the grave difficulties of the situation and rightly refused to upset the settled legislative policy of the State by directing a mandamus. And, apparently, it was because of that discretion, [p348] and of the postponement which its exercise in accordance with the terms of the statute would entail until necessity and practicability appeared, that the state court considered and upheld as adequate the provision for the legal education of negroes, who were citizens of Missouri, in the universities of adjacent States. Lincoln University was such a school, and it was in the process of creating a law school for its students, but it didn't have one at the time Gaines graduated from Lincoln's undergraduate program.
That conclusion presented the federal question as to the constitutional adequacy of such a provision while equal opportunity for legal training within the State was not furnished, and this federal question the state court entertained and passed upon. The Court also held that the state’s intent to eventually create a law school at Lincoln University was not enough to absolve the responsibility to provide a legal education in this case. (Laws 1921, p. 86, § 7. Decided: December 12, 1938.

Referring in particular to Lincoln University, the court deemed it to be clear. [305 It is urged, however, that the provision for tuition outside the State is a temporary one,-that it is intended to operate merely pending the establishment of a law department for negroes at Lincoln University. Hughes pointed to the success of Lincoln University and its achievements in providing courses and degrees equal to that of the University of Missouri. 1.Ex parte Virginia, 100 U.S. 339, 346, 347; Neal v. Delaware, 103 U.S. 370, 397; Carter v. Texas, 177 U.S. 442, 447; Norris v. Alabama, 294 U.S. 587, 589. In the instant case, the state court did note that petitioner had not applied to the management of Lincoln University for legal training. Amend. All rights reserved. 9346-9349, pp. Decided December 12, 1938. 57). All rights reserved. The equal protection of the laws is 'a pledge of the protection of equal laws'.

To this end the board of curators shall be authorized to purchase necessary additional land, erect necessary additional buildings, to provide necessary additional equipment, and to locate, in the county of Cole the respective units of the university where, in their opinion, the various schools will most effectively promote the purposes of this article. In that view it necessarily followed that the curators of the University of Missouri acted in accordance with the policy of the State in denying petitioner admission to its School of Law upon the sole ground of his race. 305 U.S. 337. Lloyd Gaines RESPONDENT: S.W.

This fact demonstrates the wisdom of the legislature in leaving it to the judgment of the board of curators to determine when it would be necessary or practicable to establish a law school for negroes at Lincoln University. Missouri ex rel. S. Hogsett, of Kansas City, Mo., and Fred L. Williams, of St. Louis, Mo., for respondents. We may put on one side respondent's contention that there were funds available at Lincoln University for the creation of a law department and the suggestions with respect to the number of instructors who would be needed for that purpose and the cost of supplying them. Const. In the light of its ruling, we must regard the question whether the provision for the legal education in other States of negroes resident in Missouri is sufficient to satisfy the constitutional requirement of equal protection as the pivot upon which this case turns. For a long time, Missouri has acted upon the view that the best interest of her people demands separation of whites and negroes in schools. That is a denial of the equality of legal right to the enjoyment of the privilege

He was refused admission upon the ground that it was "contrary to the constitution, laws and public policy of the State to admit a negro as a student in the University of Missouri."


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