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[3]

Part of Minutes of the University of Kentucky Board of Trustees

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2 C. Consideration of Decision in the Lyrman T. Johnson Case. The Chairman stated that Assistant Attorney General 11. B. Holi- field, who had taken the lead as counsel for the Board of Trustees in the Lyman T. Johnson suit against the University of Kentucky and members of the Board of Trustees, was present by request. He asked General Holifield to make a statement to the Board. General Holifield made a statement concerning the duty of the Board of Trustees relative to the case in general. He also referred to the contract between the Board of Trustees of the University of Kentucky and the State Board of Education, acting for the Kentucity State College. He reviewed the pre-trial conference between at- torneys for the plaintiff and defendants with Judge Ford. He further reviewed the testimony which was presented in briefs and at trial. He offered the services of the Attorney General's office to the Board in whatever action it might see fit to take. A general discussion, participated in by each member of the Board, pursued, relating to what additional facilities were necessary at Kentucky State College, to comply with requirements of the Court. Judge OtRear expressed his surprise at the decision rendered by the Court and offered the following resolution: WHEREAS, one Lyman T. Johnson, negro, filed suit in the United States District Court for Eastern Kentucky against the Board of Trustees and Faculty of the University of Kentucky, asserting that the State discriminated against negroes because of their race and color, in failing to provide equal facilities to students of that race seeking enrollment in a college or school of the grade of "Kentucky Graduate School" a college of this University; and WHEREAS, the Constitution of Kentucky adopted in 1891 and yet in force, provides that "in distribution of the school funds no distinction shall be made on account of race or color, and separate schools for white and colored children shall be maintained"; and WHEREAS, the State of Kentucky has long since esp- tablished and maintains a school for negroes at Frankfort, Kentucky, known as "The Kentucky State College", designed and intended to correspond with the colleges of this University in providing negro students equal facilities for education, in proportion to the number and qualifications of such students; and