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.