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Part of Minutes of the University of Kentucky Board of Trustees

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3 ,7H.EREAS, the Kentucky State College at Frankfort has grounds, buildings and equipment comparable in extent and appropriateness with those at this University where white students only are admitted; and TH.EREAS, the State Board of Education of Kentucky has power to employ such teachers, install such curricula and provide for teaching of such graded, as may be re- quired; and WHEREAS, the said Federal Court has held in said suit that the facilities provided at the Kentucky State College at Frankfort for negro students are not equal or comparably so, to those provided at this University in its Graduate School, and that thereby the applicant Johnson was being discriminated against; and MMHEEAS, if there be such lack of facilities at the Frankfort College, it is not because either the Constitu- tion or legislative provision intends or Wallows such, but it would result, if at all, from lack of appropriations of public money by the legislature to maintain all the required grades at the Frankfort college; therefore BE IT RESOLVED: (1) That counsel for this Board be directed to ask the United States Court to extend its opinion and specify -,wiherein and to what extent the facili- ties fall short, and what specific addition or improvement therein should be made so as to avoid the claims of discrim- ination; and (2) That the Governor be memorialized by this Board to call into extraordinary session the General As- sembly of Kentucky to provide by appropriation such funds, and provide such other authority to Ghe State Board of Edu- cation, if said Court finds that Board lacks authority, to so provide the Kentucky State College with equal facili- ties in all respects to those at this University. After further discussion, Mir. R. P. Hobson offered a substi- tute motion that the Lyman T. Johnson case be not appealed, for ob- vious reasons, and that the decision of the Federal Court be accepted. The motion was seconded by IMr. Hodgkin. After further discussion, the Chairman put the question, and upon roll call, the following voted Aye: Governor Earle C. Clements, Judge R. C. Stoll, tMrs. Paul G. Blazer, Grover Creech, T. H. Cutler, John, C. Everett, Harper Gat- ton, R. P. Hobson Bosw.rell B. Hodgkin and C-uy A. Huguelet. Nay: Judge Edward C. O'Rear, J. N. Smith and Robert Tway. The Chairman declared the substitute motion carried.