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