We hold that under these circumstances the Fourteenth Amendment precludes differences in treatment by the state based upon race. All donations are tax deductible. The judgment is Reversed. They are allowed to contribute and two or three have done so in the past, but none since the last war. Gen. of North Carolina, and L. P. McLendon, Greensboro, N. C. (Ralph Moody, Asst. The situation differs in circumstance but not in principle from the decision in Sweatt v. Painter, 339 U.S. 629, at pages 633, 634, 70 S. Ct. 848, at page 850, 94 L. Ed. It met with financial difficulties and in 1915 was sold and organized as The National Training School, which was supported by private philanthropy for some years. CO. v. LINDE AIR PRODUCTS COMPANY Citation: 340 U.S. 845 Court: US Supreme Court Date: October 9, 1950 (b) That appellant may still be set apart by his fellow students and may be in no better position when these restrictions are removed is irrelevant, for there is a constitutional difference between restrictions imposed by the State which prohibit the intellectual commingling of students and the refusal of students to commingle where the State presents no such bar. 640-641. Appellant’s case represents, perhaps, the epitome of that need, for he is attempting to obtain an advanced degree in education, to become, by definition, a leader and trainer of others. From this society the colored law students, who number only 28, are excluded. The former teaches the same property courses which he gives at the University of North Carolina, and the latter gives a course in Practice. GRAVER TANK AND MFG. The applications of four qualified Negro students, citizens of North Carolina, for admission to the School of Law of the University of North Carolina were rejected solely on account of their race and color by the school authorities; and this suit was brought against the President of the University, the Dean of the Law School and others, denouncing their action as a violation of the Equal Protection Clause of the 14th Amendment, and praying an injunction to prohibit them from denying the plaintiffs admission. School Directors, 3 Woods 177; People v. Gallagher, 93 N.Y. 438; Cory v. Carter, 48 Indiana 897; Dawson v. Lee, 3 Kentucky 49. The earnest effort put forth by the State to provide higher education for Negroes serves to emphasize the great difficulty and expense involved in establishing equivalent schools in the higher reaches of the educational field rather than to show substantial equality in the present instance. The quality and character of any school depends in large measure upon the quality and character of its students; hence a comparison of the student bodies of the two schools throws a strong light on the question at issue. Before SOPER and DOBIE, Circuit Judges, and WATKINS, District Judge. Robert L. Carter and Thurgood Marshall, New York City (Conrad O. Pearson, Durham, N. C., on the brief), for appellants. 1950 United States Supreme Court Opinions. Our examination of the undisputed facts of the case convinces us that the Negro School is clearly inferior to the white, and that the judgment must therefore be reversed in accordance with the decision in Sweatt v. Painter, 339 U.S. 629, 70 S. Ct. 848, 94 L. Ed. In 1925 it was converted into a liberal arts college and given its present name. Those who are chosen for this purpose have the opportunity to cooperate and engage in discussion in the preparation of the articles for publication and thereby receive training and experience of considerable educational value. 638-642. These circumstances are worthy of consideration by any one who is responsible for the solution of a difficult racial problem; but they do not meet the complainants' case or overcome the deficiencies which it discloses. * * * For instance, a course is offered at the University under the name of damages and no comparable course is offered at the College as such, but the subject matter included in this course is covered in the courses of contracts and torts at the College. The number of students of the University Law School prior to the last war was about 125, less than one-half of the present number of 280, of whom 80 per cent. Possessing a Master’s Degree, he applied for admission to the University of Oklahoma in order to pursue studies and courses leading to a Doctorate in Education. The Law School and its faculty have achieved no reputation in legal circles. (a) The restrictions imposed upon appellant impair and inhibit his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession. The College lists twenty-seven courses in its catalogue. Gen., W. F. Brinkley, Atty. We decide only this issue; see Sweatt v. Painter, ante, p. 629. 1114, which was rendered prior to the trial of the pending case in the District Court. Appellant filed a complaint requesting injunctive relief, alleging that the action of the school authorities and the statutes upon which their action was based were unconstitutional and deprived him [339 U.S. 637, 639] of the equal protection of the laws. The law school, the proving ground for legal learning and practice, cannot be effective in isolation from the individuals and institutions with which the law interacts. He is now assigned to a seat in the classroom in a row specified for colored students; he is assigned to a table in the library on the main floor; and he is permitted to eat at the same time in the cafeteria as other students, although here again he is assigned to a special table. Accessed 12 Jun. These undisputed facts furnish abundant support for the opinion freely expressed by witnesses of outstanding experience and eminence in the law school field that the faculty of the University is superior to that of the College Law School. Our society grows increasingly complex, and our need for trained leaders increases correspondingly.
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