Simkins v Moses H Cone Memorial Hospital Appellants Appendix

    In the

llmtih BtnUz (Enart of Appeals
F ob the F ourth Circuit

No. 8908

G. C. Simkins, Jr., et al., and United States of A merica,
Appellants,

Moses H. Cone Memorial H ospital, a corporation, et al.,

Appellees.

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF NORTH CAROLINA

APPELLANTS’ APPENDIX

J ack Greenberg 
James M. Nabrit, III 
Michael Meltsner 

10 Columbus Circle 
New York 19, N. Y.

Conrad O. P earson
203% E. Chapel Hill St. 
Durham, North Carolina

Attorneys for
G. C. Simkins, Jr., et al.



INDEX TO APPENDIX

Complaint ....................................................................... la

Motion to Dismiss............................................................  19a

Affidavit of Benjamin Cone ...........................................  20a

Exhibit A to Affidavit............................................  22a
Exhibit B to Affidavit............................................  32a

Exhibit C to Affidavit............................................  45a

Affidavit of Harold Bettis............................................  55a

Affidavit of Mose K iser.................................    60a

Motion for Preliminary Injunction........................... -  68a

Motion for Summary Judgment ................................. 72a

Affidavit of George C. Simkins, Jr...............................  76a

Exhibit A to Affidavit............................................  80a

Affidavit of E. C. Noel, III ........................................  81a

Affidavit of A. Y. Blount, Jr.  .................................... 84a

Affidavit of A. J. Taylor...................................................  87a

Affidavit of Donald R. Lyons ........................................ 89a

Affidavit of Barbara W ise............................................  91a

PAGE

Relevant Docket E ntries.................................................  la



11

Letter of William F. Henderson.................................  104a

Excerpts from State Plan ............................................. 106a

Rules and Regulations for Hospital Licensure in 
North Carolina...........................................................  122a

Transmission of License ............................................. 158a

Transmission of License ............................................  160a

Brochure of Woman’s College................. ................. . 162a

Excerpt from Woman’s College Catalogue ..............  164a

Motion to Intervene ........      165a

Pleading in Intervention ... ..... .... ................. ............ 166a

Affidavit and Report of Alanson W. Willcox ..........  173a

Affidavit of Naomi W. Wynn ........... .........................  181a

Affidavit of Alice C. Boehret........................................  184a

Notice............................................     186a

Affidavit of George C. Simians, Jr. .............................. 187a

Order Allowing Intervention........ — .... ................... . 188a

Motion for Summary Judgment ............................    189a

Stipulation ..................................................................... 190a

PAGE

Project Construction Application .............................. . 93a



I l l

Stipulation .......      191a

Order Denying Preliminary Injunction...............   192a

Reporter’s Transcript .........................    193a

Findings of Fact, Conclusions of Law and Opinion .... 195a

Judgment .....       223a

Notice of Appeal ................... ................................. -.....  224a

Notice of Appeal...........................................................  225a

PAGE



Relevant Docket Entries

Simkins, et al. and United States of A merica 
as intervenor,

-v -

T he Moses H. Cone Memorial H ospital, 
A /Corporation, et al.

2-12-62 Filed Complaint and cost bond
4- 2-62 Filed defendants’ Motion to Dismiss
5- 4-62 Filed plaintiffs’ Motion for Preliminary Injunc­

tion and Summary Judgment
5-4-62 Filed affidavits of Dr. George C. Simkins, Jr., 

Dr. A. V. Blount, Jr., Dr. Walter J. Hughes, 
Dr. Norman N. Jones, Dr. Girardeau Alexander, 
Dr. Milton H. Barnes, Dr. W. L. T. Miller, Dr.
E. C. Noel, III, Dr. F. E. Davis, A. J. Taylor, 
Donald R. Lyons and Barbara Wise

5-4-62 Filed plaintiffs’ Exhibits A through 0 in support 
of Motion for Summary Judgment

5-8-62 Filed Motion of United States to Intervene and 
Pleading of the United States in. Intervention

5- 14-62 Filed memorandum and affidavit in support of
United States Motion to Intervene, affidavit of 
Alanson W. Willcox, Gen. Counsel for Dept, of 
HEW.

6- 8-62 Filed defendants’ Response to Plaintiffs’ Motion
for Summary Judgment and Preliminary Injunc­
tion with affidavits attached



2a

6-15-62 Filed Affidavit of Dr. George C. Simkins, Jr.

6-26-62 Case called for hearing before Judge Stanley on 
defendants’ Motion to Dismiss, plaintiffs’ motion 
for Preliminary Injunction, plaintiffs’ motion for 
Summary Judgment and motion by the United 
States of America to Intervene. Oral arguments 
heard. Court denied plaintiffs’ motion for Pre­
liminary Injunction. Court granted motion by 
United States of America to Intervene. As to 
Dismiss the court ordered that by July 20, 1962 
the parties are to file Requests for Findings of 
Fact, Conclusions of Law and any further Briefs 
either party desires to file; parties are to then 
exchange same and by July 31, 1962 each party 
is to file any objection to the Requested Findings 
and Conclusions filed by the opposing party with 
specific reasons for their objections; the Court 
will then take the matter under advisement for 
ruling without further oral arguments unless re­
quested by the Court; the ruling of the Court on 
these motions will be determinative of the Case.

6- 26-62 Filed Order signed by Judge Stanley, granting
United States’ Motion to Intervene.

7- 9-62 Filed Intervenor’s Motion for Summary Judg­
ment

7-10-62 Filed Stipulation between Intervenor and Defen­
dants Moses H. Cone Memorial Hospital and 
Harold Bettis

7-10-62 Filed Stipulation between Intervenor and defen­
dants Wesley Long Community Hospital and A.
0. Smith

Relevant Docket Entries



3a

7-12-62

7-20-62

7-20-62

7-20-62

7-30-62

7-30-62

12-5-62

12-17-62

1-4-63

1-16-63

Filed Order signed by Judge Stanley Denying 
Preliminary Injunction
Filed plaintiffs’ Requests for Findings of Fact 
and Conclusions of Law
Filed Conclusions of Law proposed by United 
States
Filed Defendants’ Request for Findings of Fact 
and Conclusions of Law
Filed Objections by defendants to Request for 
Findings of Fact and Conclusions of Law sub­
mitted by plaintiffs and intervenor
Filed plaintiffs’ Response to Defendants’ Re­
quested Findings of Fact.
Filed Findings of Fact, Conclusions of Law and 
Opinion of Judge Stanley
Filed Judgment Signed by Judge Stanley order­
ing:

1. Denying motions for summary judgment by 
plaintiffs and the United States

2. Granting defendants’ motions to dismiss the 
complaint and pleading in intervention for lack 
of jurisdiction

3. Defendants are entitled to their costs
Filed plaintiffs’ Notice of Appeal to the United 
States Court of Appeals
Filed intervenor’s Notice of Appeal to the United 
States Court of Appeals

Relevant Docket Entries



4a

Complaint

(Filed: February 12, 1962)

IN THE UNITED STATES DISTRICT COURT 
F or the Middle D istrict of North Carolina 

Greensboro D ivision 

N o. C-57-G-62

G. C. Simkins, Jr., A. V. Blount, Jr., W alter J. H ughes, 
Norman N. J ones, Girardeau A lexander, Milton H. 
B arnes, W. L. T. Miller, E. C. Noel, III, F. E. Davis, 
A. J. T aylor and D onald R. L yons,

Plaintiffs,

Moses H. Cone Memorial H ospital, A Corporation, H arold 
B ettis, Director of the Moses H. Cone Memorial Hos­
pital, and W esley L ong Community H ospital, A Cor­
poration, and A. 0. Sm ith , Administrator of the Wesley 
Long Community Hospital,

Defendants.

I
The jurisdiction of this Court is invoked pursuant to 

Title 28, United States Code, Section 1343(3). This is a 
suit in equity authorized by Title 42, United States Code, 
Section 1983, to be commenced by any citizen of the United 
States or other person within the jurisdiction thereof, to 
redress the deprivation under color of state law, statute, 
ordinance, regulation, custom and usage of rights, privi-



5 a

leges and immunities secured by the Fourteenth Amend­
ment to the Constitution of the United States, Section 1, 
and by Title 42, United States Code, Section 1981, providing 
for the equal rights of citizens and all persons within the 
jurisdiction of the United States as hereinafter more fully 
appears.

The jurisdiction of this Court is invoked pursuant to 
Title 28, United States Code, Section 1331, as this action 
arises under the Fourteenth Amendment to the Constitu­
tion of the United States, Section 1, and the Fifth Amend­
ment to the Constitution of the United States and the 
matter in controversy exceeds, exclusive of interest and 
costs, the sum or value of ten thousand dollars ($10,000.00).

II.
The plaintiffs bring this action on their own behalf and 

on behalf of all others similarly situated pursuant to Rule 
23(a)(3) of the Federal Rules of Civil Procedure. There 
are common questions of law and fact affecting the rights 
of all other Negro physicians, dentists, and patients, to use 
the facilities of the Moses H. Cone Memorial Hospital and 
the Wesley Long Community Hospital, who are so numer­
ous as to make it impracticable to bring all before this 
Court. A common relief is sought. The interests of said 
class are adequately represented by plaintiffs.

III.
This is a proceeding for injunction restraining defendants 

herein from continuing to enforce the policy, practice, cus­
tom, and usage of denying plaintiff physicians and dentists 
the use of staff facilities at the Moses H. Cone Hospital 
and the Wesley Long Community Hospital in Greensboro, 
North Carolina, on the ground of race.

Complaint



6a

This is a proceeding for an injunction restraining de­
fendants herein from continuing to enforce the policy, prac­
tice, custom, and usage of denying and abridging admission 
of patients on the basis of race and refusing to permit 
patients to be treated by their own physicians and dentists 
on the basis of race, at the Moses H. Cone Memorial Hos­
pital and the Wesley Long Community Hospital in Greens­
boro, North Carolina.

Complaint

IV.
This is an action for a declaratory judgment pursuant 

to Title 28, United States Code, §§ 2201 and 2202. There 
is an actual controversy now existing between the parties 
to this action as to which plaintiffs seek the judgment of 
this Court. Plaintiffs seek a definition and a declaration 
of the legal rights and relations of the parties in the subject 
matter in controversy, to wit, the question:

Whether §291e(f) of Title 42, U.S.C. (Title VI of the 
Public Health Service Act or Hill-Burton Act) and Regula­
tion 53.112 of the Public Health Service Regulations, 42
C.F.R. § 53-112, 21 F.R. 9841, pursuant thereto, which pro­
vide for the construction of hospital facilities and the 
promotion of hospital services with funds of the United 
States Government on a separate but equal basis as follows:

291e. General regulations.—Within six months after 
[Aug. 13, 1946] the enactment of this title, the Surgeon 
General, with the approval of the Federal Hospital 
Council and the Administrator [Secretary of Health, 
Education, and Welfare], shall by general regulation 
prescribe—

#  #  #  #  *

(f) The State plan shall provide for adequate hos­
pital facilities for the people residing in a State, with-



7a

out discrimination on account of race, creed, or color, 
and shall provide for adequate hospital facilities for 
persons unable to pay therefor. Such regulation may 
require that before approval of any application for a 
hospital or addition to a hospital is recommended by 
a State agency, assurance shall be received by the State 
from the applicant that (1) such hospital or addition 
to a hospital will be made available to all persons 
residing in the territorial area of the applicant, without 
discrimination on account of race, creed, or color, but 
an exception shall be made in cases where separate 
hospital facilities are provided for separate popula­
tion groups, if the plan makes equitable provision on 
the basis of need for facilities and services of like 
quality for each such group; and (2) there will be made 
available in each such hospital or addition to a hospital 
a reasonable volume of hospital services to persons 
unable to pay therefor, but an exception shall be made 
if such a requirement is not feasible from a financial 
standpoint.

§ 53.112. Nondiscrimination. Before a construction 
application is recommended by a State agency for 
approval, the State agency shall obtain assurance from 
the applicant that the facilities to be built with aid 
under the Act will be made available without discrimi­
nation on account of race, creed, or color, to all persons 
residing in the area to be served by that facility. How­
ever, in any area where separate hospital, diagnostic 
or treatment center, rehabilitation or nursing home 
facilities, are provided for separate population groups, 
the State agency may waive the requirement of assur­
ance from the construction applicant if (a) it finds that

Complaint



8a

the plan otherwise makes equitable provision on the 
basis of need for facilities and services of like quality 
for each such population group in the area, and (b) 
such finding is subsequently approved by the Surgeon 
General. Facilities provided under the Federal Act 
will be considered as making equitable provision for 
separate population groups when the facilities to be 
built for the group less well provided for heretofore 
are equal to the proportion of such group in the total 
population of the area, except that the State plan shall 
not program facilities for a separate population group 
for construction beyond the level of adequacy for such 
group.

are unconstitutional, invalid and void in that they deprive 
plaintiffs, and the class which they represent, rights, privi­
leges, and immunities guaranteed by the due process and 
equal protection clauses of the Fourteenth Amendment to 
the Constitution of the United States and the due process 
clause of the Fifth Amendment to the Constitution of the 
United States.

Complaint

V .

Plaintiffs are Negro citizens of the United States and 
the State of North Carolina residing in the City of Greens­
boro.

Plaintiffs A. V. Blount, Jr., Walter J. Hughes, Norman 
N. Jones, Girardeau Alexander, E. C. Noel, III, and F. E. 
Davis are qualified Negro medical doctors practicing in 
Greensboro, North Carolina. Plaintiffs G. C. Simkins, Jr., 
Milton H. Barnes and W. L. T. Miller are qualified Negro 
dentists practicing in Greensboro, North Carolina. Plain­
tiffs seek admission to the staff facilities at the Moses H.



9a

Cone Memorial Hospital and the Wesley Long Community 
Hospital without discrimination on the ground of race or 
color.

Plaintiff A. J. Taylor is a Negro citizen of the United 
States and the State of North Carolina and a resident of 
the City of Greensboro. He has a confirmed gastric ulcer 
of 35 years duration which requires constant medical super­
vision, dietary restrictions and the administration of anti­
cholinergic drugs. Because of the nature of his illness, he 
has been advised to submit himself to periodic clinical 
evaluation. These periodic evaluations include detailed 
diagnostic X-ray studies, laboratory procedures, and tests 
of such nature as to require the most advanced diagnostic 
facilities available. He desires to enter either the Wesley 
Long Community Hospital or the Moses H. Cone Memorial 
Hospital where complete medical equipment and the best 
facilities for treatment in the Greensboro area are avail­
able, and he desires treatment from his physician, Hr. E. C. 
Noel, III. He cannot be admitted to the Wesley Long Com­
munity Hospital as the Wesley Long Community Hospital 
follows a policy, practice, custom and usage of refusing to 
admit Negroes to the use of its facilities. He cannot enter 
the Moses H. Cone Memorial Hospital on the same basis 
as whites nor can he enter the Moses H. Cone Memorial 
Hospital and be treated by his physician because the Moses
H. Cone Memorial Hospital will not admit Negro doctors 
to staff facilities.

Plaintiff Donald R. Lyons is a Negro citizen of the United 
States and the State of North Carolina and a resident of 
the City of Greensboro, North Carolina. He suffers from 
an impacted lower third molar and desires it removed at 
the hospital where the best dental facilities are available. 
The Wesley Long Community Hospital and the Moses H.

Complaint



10a

Cone Memorial Hospital are the only hospitals in the 
Greensboro area with dental facilities. He desires to be 
treated by his dentist, Dr. George C. Simkins, at one of 
these hospitals. He cannot be admitted to the Wesley Long 
Community Hospital because the Wesley Long Community 
Hospital follows a policy, practice, custom, and usage of 
refusing to admit Negroes to the use of its facilities. He 
cannot enter the Moses H. Cone Memorial Hospital on the 
same basis as whites, nor can he enter the Moses H. Cone 
Memorial Hospital and be treated by his dentist because 
the hospital will not admit Negro doctors or dentists to staff 
privileges.

Complaint

VI.

Defendant, Board of Trustees of the Moses H. Cone 
Memorial Hospital, Inc. is a body corporate under and by 
virtue of the laws of North Carolina. Pursuant to its cor­
porate objectives expressed in its charter, it has established 
and now maintains a tax exempt and state licensed hospital 
in the City of Greensboro, County of Guilford, State of 
North Carolina, known as the Moses H. Cone Memorial 
Hospital. Defendant has full power to make all rules and 
regulations for the conduct, government, and maintenance 
of said hospital.

Defendant, Harold Bettis, is the Director of the Moses 
H. Cone Memorial Hospital, Inc.

Defendant, Board of Trustees of the Wesley Long Com­
munity Hospital, Inc. is a body corporate under and by 
virtue of the laws of the State of North Carolina. Pursuant 
to its corporate objectives expressed in its charter, it has 
established and now maintains a tax exempt and State 
licensed hospital in the City of Greensboro, County of Guil­
ford, State of North Carolina known as the Wesley Long



11a

Community Hospital. The Board of Trustees exercises 
management and control over the affairs of the hospital.

Defendant, A. 0. Smith, is the Administrator of the 
Wesley Long Community Hospital.

Both the Moses H. Cone Memorial Hospital and the 
Wesley Long Community Hospital are exempt from taxes 
assessed by the City of Greensboro and the County of 
Guilford, North Carolina.

Both the Moses H. Cone Memorial Hospital and the 
Wesley Long Community Hospital are required to be 
licensed by the State of North Carolina pursuant to Chapter 
131, Code of North Carolina, § 131-126.3. Said license is 
obtained by application to the North Carolina Medical Care 
Commission pursuant to Chapter 131 Code of North Caro­
lina, § 131-126.4, et seq.

Complaint

VII.
Pursuant to the Articles of Incorporation of the Moses 

H. Cone Memorial Hospital, out of a Board of Trustees 
of fifteen members, three members of defendant, Board of 
Trustees of Moses H. Cone Memorial Hospital, Inc., are 
named by the Governor of North Carolina; one member 
is named by the Board of Commissioners of the City of 
Greensboro, North Carolina; one member is named by the 
Board of Commissioners of Guilford County; one member 
is named by the Board of Commissioners of Watanga 
County, all agents or subdivisions of the State of North 
Carolina. One member is named by the Guilford County 
Medical Society, a component of the Medical Society of 
North Carolina, which society appoints the Board of Medi­
cal Examiners of the State of North Carolina, and elects 
four members of the State Board of Health and otherwise 
acts as an agent of the State of North Carolina fulfilling 
public functions.



12a

Moses H. Cone Memorial Hospital conducts training and 
is regularly used as a place of training for student nurses 
from the Women’s College of the University of North 
Carolina and the Agricultural and Training College of 
North Carolina, both of which are tax supported, public 
institutions under the laws of the State of North Carolina. 
In the course of said training these student nurses sub­
stantially contribute, without charge to the hospital, valu­
able nursing services for which it would otherwise pay 
substantial sums.

Complaint

VIII.

Defendant, Board of Trustees of Moses H. Cone Memo­
rial Hospital, is the recipient of federal funds under the 
Hill-Burton program (Title VI of the Public Health Service 
Act of 1946; 42 U.S.C. §§291, et seq.) in aid of its con­
struction and expansion program. Moses H. Cone Memorial 
Hospital has received one hundred and ten thousand dollars 
($110,000.00) from the Federal Government for a diagnostic 
or treatment center, the estimated total cost of which was 
two hundred and forty thousand dollars ($240,000.00); six 
hundred and ninety-seven thousand, nine hundred and fifty 
dollars ($697,950.00) from the Federal Government for an 
addition (182 beds being added) and remodeling of the 
General Hospital, the estimated total cost of which was 
one million eight hundred and fifty thousand dollars 
($1,850,000.00); and four hundred and sixty-two thousand 
dollars ($462,000.00) from the Federal Government for new 
construction, the estimated total cost of which is five mil­
lion two hundred and seventy-seven thousand and twenty- 
three dollars ($5,277,023.00). Said funds have been al­
located to defendant by the North Carolina Medical Care 
Commission, an agency of the State of North Carolina



13a

charged with the sole responsibility for administering this 
program of federal grants in aid of hospital construction 
in the State of North Carolina, including allocation of the 
federal funds received to the various state hospitals.

IX.
Defendant, Board of Trustees of Moses H. Cone Hos­

pital, is pursuing a policy, practice, custom, and usage 
of barring plaintiff physicians and dentists from admission 
to staff privileges at the Moses H. Cone Memorial Hospital 
on the grounds of race as more fully appears hereinafter. 
Negro patients cannot enter the Moses H. Cone Memorial 
Hospital on the same terms and conditions as white persons 
and, if admitted, cannot be treated by their own physicians 
or dentists solely on the basis of race; the Board of Trus­
tees of the Moses H. Cone Memorial Hospital, by such 
policy, practice, custom, and usage violates plaintiffs’ rights 
to the equal protection of the laws and due process of law 
guaranteed by the Fourteenth and the Fifth Amendments 
to the Constitution of the United States.

X.
Defendant, Board of Trustees of the Wesley Long Com­

munity Hospital, Inc., is the recipient of federal funds 
under the Hill-Burton program (Title VI of the Public 
Health Service Act of 1946; 42 U.S.C. §§291 et seq.) in 
aid of its construction and expansion program.

Wesley Long Community Hospital has received one mil­
lion, six hundred and seventeen thousand, one hundred and 
fifty dollars ($1,617,150.00) from the Federal Government 
for new hospital construction, the total estimated cost of 
which is three million two hundred and twenty-eight thou­
sand, one hundred and seventy-eight dollars ($3,228,178.00). 
Sixty-six thousand dollars ($66,000.00) from the Federal

Complaint



14a

Government for an adjunct service facility addition, the 
total estimated cost of which is one hundred and twenty 
thousand dollars ($120,000.00); and two hundred and sixty- 
live thousand, six hundred and fifty dollars ($265,650.00) 
from the Federal Government for a nursing home addition, 
the estimated total cost of which is four hundred eighty- 
three thousand dollars ($483,000.00). Said funds have been 
allocated to defendant by the North Carolina Medical Care 
Commission, an agency of the State of North Carolina 
charged with the sole responsibility for administering this 
program of federal grants in aid of hospital construction 
in the State of North Carolina, including allocation of the 
federal funds received to the various state hospitals.

Plaintiffs allege that defendant, Board of Trustees of 
the Wesley Long Community Hospital, Inc., is pursuing 
a policy, practice, custom and usage of barring plaintiff 
physicians and dentists from admission to staff privileges 
at the Moses H. Cone Memorial Hospital on the grounds 
of race as more fully appears hereafter. Plaintiffs allege 
that the Wesley Long Community Hospital is pursuing a 
policy, practice, custom, and usage of refusing to admit 
Negro patients to the use of its facilities on the basis of 
race; such policy, practice, custom, and usage violates plain­
tiffs’ rights to the equal protection of the laws and due 
process of law guaranteed by the Fourteenth and Fifth 
Amendments to the Constitution of the United States.

XI.

On or about March 8, 1960, plaintiff Simkins wrote to 
Benjamin Cone, Chairman of the Board of Trustees of 
the Moses H. Cone Hospital, calling his attention to the 
defendant policy of not admitting Negro physicians and 
dentists to practice their chosen profession on the staff

Complaint



15a

of the Moses H. Cone Memorial Hospital. Plaintiff’s letter 
pointed out that a result of this restrictive policy is that 
a Negro patient, in need of facilities available at the hos­
pital, must discharge the qualified Negro doctor or dentist 
of his choice in order to secure medical services at the 
hospital, thereby placing both Negro doctor and patient 
at a disadvantage not imposed upon white doctors and 
patients. Plaintiff requested that “ early and favorable 
consideration” be given to the problem of staff restrictions 
on the basis of race and color at the Moses H. Cone 
Hospital.

Thereafter, on or about April 7, 1960, all physician and 
dentist plaintiffs wrote defendant Bettis requesting ap­
plication blanks for admission to the staff of the Moses 
H. Cone Hospital. Said plaintiffs completed said blanks 
in the required form and promptly returned them to de­
fendants.

On or about May 4, 1960, defendant Board of Trustees 
of Cone Hospital, declined to accept plaintiffs’ applica­
tions.

Rejection of plaintiffs’ applications by defendant was 
due to defendant’s policy, practice, custom and usage of 
discriminating as to staff admissions on the ground of 
race and color. Such policy, practice, custom, and usage 
violates plaintiffs’ rights to equal protection of the laws 
and due process of the law under the Constitution and laws 
of the United States.

Complaint

XII.
On or about March 8, 1960, plaintiff Simkins wrote Mose 

Kiser, Chairman of the Board of Trustees of the Wesley 
Long Community Hospital, calling his attention to the policy 
of refusing admission to Negro physicians and dentists on 
the staff of the Wesley Long Hospital.



16a

Thereafter, on or about April 7, 1960, all physician and 
dentist plaintiffs wrote defendant Smith requesting ap­
plication blanks for admission to the staff of the Wesley 
Long Hospital.

By letter under date of April 26, 1960, defendant Smith 
acknowledged receipt of plaintiffs’ request for application 
blanks for admission to the medical staff of the Wesley 
Long Hospital. Defendant advised plaintiffs that “due 
consideration” would be given to their request prior to the 
time of the opening of the new Wesley Long Hospital, 
currently under construction and financed in part by Hill- 
Burton funds. The new Wesley Long Hospital is now open 
and occupied and plaintiffs’ request has not yet been 
honored.

Plaintiffs allege that in light of the long-continued policy 
and practice whereby qualified Negro physicians and den­
tists have been excluded from the medical staff of the 
Wesley Long Community Hospital, the continued deferral 
of action on plaintiffs’ request was due solely to their race 
and color, and is tantamount to a rejection of their applica­
tions on these grounds; that this delay by defendants is a 
continuance of the policy, practice, custom, and usage of 
barring plaintiffs from the hospital’s staff on the grounds 
of race and color and, therefore, violates their rights to 
equal protection of the laws and due process of law under 
the Constitution and laws of the United States.

XIII.

The plaintiff physicians and dentists allege that they 
are now suffering and will continue to suffer irreparable 
injury by the maintenance of defendant’s policy, practice, 
custom, and usage as set forth herein, including loss of 
earnings, deprivation of the opportunity to further develop 
the skills necessary for continued proficiency of their

Complaint



17a

chosen professions. They have no plain, adequate, or com­
plete remedy at law to redress these wrongs and this suit 
for injunction is their only means of securing adequate 
relief. The pursuit of any other remedy would be futile, 
inconvenient, and would not offer them substantial relief.

The plaintiff-patients allege that they are now suffering 
and will continue to suffer irreparable injury by the main­
tenance of defendants’ policy, practice, and usage as set 
forth herein, including deprivation of the opportunity of 
receiving medical care in the most complete medical facili­
ties available in their locality and the use of said facilities 
with the treatment of their own physicians and dentists. 
They have no plain, adequate, or complete remedy at law 
to redress these wrongs and this suit for injunction is their 
only means of securing adequate relief. The pursuit of 
any other remedy would be futile, inconvenient and would 
not offer them substantial relief.

'Wherefore, plaintiffs respectively pray this Court to 
advance this cause on the docket and order a speedy hear­
ing thereof and, upon such hearing, to :

1. Declare § 291e(f) of Title 42, U.S.C. (Title VI, Public 
Health Service Act or Hill-Burton Act) and Regulation 
53.112 pursuant thereto to be unconstitutional, void, and 
invalid in that by their separate-but-equal provisions they 
deprive plaintiffs, and those whom they represent, of rights, 
privileges, and immunities guaranteed by the due process 
and equal protection clauses of the Fourteenth Amendment 
and the due process clause of the Fifth Amendment to the 
Constitution of the United States.

2. Forever enjoin defendants herein, their agents, and 
successors and those acting in concert with them or at 
their direction, from continuing to enforce the policy, prac­
tice, custom, and usage of denying plaintiffs’ admission to

Complaint



18a

the medical staffs of the Moses H. Cone Memorial Hospital 
and the Wesley Long Community Hospital on the basis of 
race, as contrary to the due process and equal protection 
clauses of the Fourteenth Amendment to the United States 
Constitution and the due process clause of the Fifth 
Amendment.

3. Forever enjoin defendants herein, their agents and 
successors and those acting in concert with them, or at 
their direction, from continuing to enforce the policy, prac­
tice, custom and usage of denying admission to patients on 
the basis of race and in any way conditioning or abridging 
the admission to, and use of, the said facilities of the Moses 
H. Cone Memorial Hospital and the Wesley Long Com­
munity Hospital on the basis of race as contrary to the 
due process and equal protection clauses of the Fourteenth 
Amendment to the United States Constitution and the due 
process clause of the Fifth Amendment.

4. Allow the plaintiffs their costs herein and such further, 
other additional relief as may appear to this Court to be 
equitable and just.

Kespectfully submitted,

Jack Greenberg 
James M. Nabrit, III 
M ichael Meltsner

10 Columbus Circle 
New York 19, New York

Conrad 0 . P earson

203% East Chapel Hill Street 
Durham, North Carolina

Attorneys for Plaintiffs

Complaint



19a

Motion to Dismiss

(Filed: April 2, 1962)

IN THE UNITED STATES DISTRICT COURT 

F or the Middle D istrict or North Carolina 

Greensboro D ivision 

Civil Action No. C-57-G-62

[ s a m e  t i t l e ]

The defendants move the Court to dismiss this action 
because the Court lacks jurisdiction over the subject matter 
of the action for the reason that it is one brought by indi­
viduals seeking redress for the alleged invasion of their 
civil rights by private corporations and other individuals. 
In support of this motion, the defendants will rely on the 
affidavits of Benjamin Cone (with Exhibits A, B, and C 
attached thereto), Harold Bettis, and Mose Kiser, all of 
which are annexed hereto.

This the 2nd day of April, 1962.

Charles E. R oth
Of counsel for defendants, The Moses 
H. Cone Memorial Hospital and 
Harold Bettis

T hornton H. Brooks 
Of counsel for defendants, Wesley 
Long Community Hospital, Inc. and
A. 0. Smith



20a

Affidavit o f Benjamin Cone in Support o f Motion
to Dismiss

(Filed: April 2, 1962)

IN THE UNITED STATES DISTRICT COURT 

F ob the M iddle D istrict of North Carolina 

Greensboro D ivision 

Civil Action No. C-57-G-62

[ same title]

B enjamin Cone, being dnly sworn, says:

(1) That he resides at 710 Country Club Drive, Greens­
boro, North Carolina; that he is a member of the Board 
of Trustees, and is the President, of The Moses H. Cone 
Memorial Hospital; that he has been a member of the said 
Board of Trustees since May 19, 1947, and has been the 
President of the said corporation since May 6, 1953; and 
that he is familiar with the corporate history of The Moses 
H. Cone Memorial Hospital;

(2) That The Moses H. Cone Memorial Hospital was 
originally incorporated as a private corporation under the 
general corporation laws of the State of North Carolina, 
and under the name of The Moses H. Cone Memorial Hos­
pital, Incorporated, pursuant to Articles of Incorporation 
which were filed in the Office of the Secretary of State of 
the State of North Carolina on the 29th day of May, 1911, 
and which are recorded in the Office of the Clerk of the 
Superior Court of Guilford County, North Carolina, in 
Corporation Book D, at Page 174; and that there is at-



21a

Affidavit of Benjamin Cone in Support of 
Motion to Dismiss

tached hereto and marked Exhibit A a certified copy of 
these original Articles of Incorporation;

(3) That The Moses H. Cone Memorial Hospital was 
subsequently granted a legislative charter by the General 
Assembly of the State of North Carolina under Chapter 400 
of the Private Laws of North Carolina, Session of 1913; 
and that a printed and certified copy of this legislative 
charter as set forth in Chapter 400 of the Private Laws 
of North Carolina, Session of 1913, is attached hereto 
and marked Exhibit B;

(4) That Section 10 of the legislative charter of The 
Moses H. Cone Memorial Hospital (Exhibit B) was 
amended by the General Assembly of the State of North 
Carolina by Chapter 234 of the 1961 Session Laws of North 
Carolina, and that this amendment became effective on the 
18th day of April, 1961; and that there is attached hereto 
and marked Exhibit C a printed and certified copy of the 
revised legislative charter of The Moses H. Cone Memorial 
Hospital with this amendment in place.

This the 28 day of March, 1962.

B enjamin Cone

Subscribed and sworn to before me this 28 day of March, 
1962.

Madge S. Omohundro 
Notary Public

My commission expires 
Nov. 27, 1962.

(Seal)



22a

EXHIBIT A ANNEXED TO AFFIDAVIT OF 
BENJAMIN CONE

North Carolina 
Guilford County

9081

ARTICLES OF INCORPORATION 
OF

THE MOSES H. CONE MEMORIAL HOSPITAL, 
INCORPORATED

(Filed: April 2, 1962)

KNOW ALL MEN BY THESE PRESENTS: That We, 
B ertha L. Cone (Widow of Moses H. Cone, Deceased), 
E tta Cone, Ceasar Cone, Bernard M. Cone, J ohn M. 
B ernhardt, George W. W atts, H. A. F oushee, R. A. 
D oughton, J ames H. P ou and R obert R. K ing, do associate 
ourselves into a corporation under and by virtue of the 
laws of North Carolina, and do hereby severally agree, 
for ourselves and our successors, as follows:

F irst: That the name of this corporation is and shall 
perpetually be “ T he Moses H. Cone Memorial H ospital, 
I ncorporated”  (except that the word “ I ncorporated” may 
be omitted if so authorized by an act of the General Assem­
bly of North Carolina), under which we may contract and 
be contracted with, sue and be sued, and have perpetual 
succession, and a common seal, which said corporation, 
through its governing body, may change or alter at pleasure, 
and that we and our successors shall be known and desig­
nated as the Board of Trustees of T he Moses H. Cone 
Memorial H ospital, Incorporated, except that the word 
“ Incorporated” may be omitted as above provided.



23a

Second: That the location of the principal office of the 
corporation shall be in or near Greensboro, in the County 
of Guilford and State of North Carolina.

T hird : The objects for which this corporation is formed 
are, among other things, as follows: In the corporate name 
to build, establish, own, conduct and maintain a hospital 
or hospitals, with the necessary appliances and equipment, 
and any and all other necessary or suitable buildings, in 
the County of Guilford or other county or counties in North 
Carolina, for the reception and treatment of persons who 
may need medical or surgical treatment or attention; the 
training of nurses, and the giving and receiving of instruc­
tion by lectures or otherwise, or both.

F ourth : That the said corporation may, in the corporate 
name, acquire, receive, take, hold and own by gift, devise 
or otherwise, property of all kinds; that is to say, personal, 
real and mixed, without restriction as to quantity or value 
thereof, absolutely, in trust or otherwise, and apply the 
income therefrom or principal thereof under and as pro­
vided by the terms of the gift, devise, instrument or instru­
ments under which it may or shall acquire such property, 
with full power to sell, transfer, invest, re-invest, or loan 
on such satisfactory security as the Board of Trustees may 
think advisable and for the best interest of the said cor­
poration ; provided, however, that they shall in no way vio­
late any condition of, or otherwise appropriate any prop­
erty which the said corporation may acquire otherwise than 
as provided by the terms of the gift, devise, instrument or 
instruments under which it may have acquired such prop­
erty. The corporation shall no capital stock.

Exhibit A Annexed to Affidavit of Benjamin Cone



24a

F ifth : The names and post office addresses of the incor­
porators are as follows:

Exhibit A Annexed to Affidavit of Benjamin Cone

Name P. 0. Address
Bertha L. Cone Blowing Rock, N. C.
Etta Cone Baltimore, Md.
Ceasar Cone Greensboro, N. C.
Bernard M. Cone Greensboro, N. C.
John M. Bernhardt Lenoir, N. C.
Gfeorge W. Watts Durham, N. C.
H. A. Foushee Durham, N. C.
R. A. Doughton Sparta, N. C.
James H. Pou Raleigh, N. C.
Robert R. King Greensboro, N. C.

Six t h : That Bertha L. Cone shall be president of the 
said corporation until the second Wednesday in May, 1913, 
and until her successor shall have been elected and quali­
fied, and that Ceasar Cone shall be Secretary and Trea­
surer of the corporation until the second Wednesday in 
May, 1913, and until his successor shall have been elected 
and qualified.

Seventh : That the said Trustees shall have power to 
make all such rules, regulations, by-laws and ordinances 
as they may deem necessary or useful for the conduct, 
government and maintenance of said corporation and the 
management of its affairs, and may alter, amend or repeal 
the same at pleasure by the vote of a majority of the 
Board; and the said Board of Trustees shall have full



25a

power to prescribe the classes of patients as regards dis­
eases who shall be admitted or refused or dismissed; pro­
vided, however, that no patient shall be refused admission 
nor be discharged because of inability to pay.

E ighth : That in addition to the powers herein ex­
pressly set out this corporation shall have and enjoy all 
the powers and privileges conferred by the General Cor­
poration Law of this State upon corporations of like char­
acter, insofar as may be necessary to carry out fully the 
purposes of this corporation.

Nin t h : That the Board of Trustees of this corporation 
shall apply to the next session of the General Assembly 
of North Carolina for the passage of an act, granting a 
perpetual charter with all usual powers, and whereby a 
Board of Trustees for this corporation, consisting of fif­
teen members, shall be created with perpetual succession, 
to hold and administer the property, franchises and effects 
of this corporation, and to receive any property or gifts 
and to fully carry out the trusts imposed upon them.

Of the said Board of Trustees eight shall be named by 
Mrs. Bertha L. Cone, and their successors shall be ap­
pointed by her so long as she may live and shall desire to 
exercise the power of appointment. After her death, or 
after she shall have, by writing duly filed, renounced the 
power of appointment, the vacancies among the said eight 
Trustees shall be filled by the Board of Trustees by elec­
tion.

Of the remaining seven Trustees three shall be named 
by the Governor of North Carolina, and their successors 
shall be named by the Governor of North Carolina and his 
successors as their terms shall expire or as vacancies

Exhibit A Annexed to Affidavit of Benjamin Cone

occur.



26a

One, and his successors, shall be named by the Board 
of Commissioners of the City of Greensboro and their 
successors in office.

One, and his successors, shall be named by the Board of 
Commissioners of Guilford County and their successors 
in office.

One, and his successors, shall be named by the Guilford 
County Medical Society and its successors in office.

One, and his successors, shall be named by the Board 
of Commissioners of Watauga County and their succes­
sors in office.

All appointments of Trustees shall be for a term of 
four years, commencing on the second Wednesday of May, 
1913, except the eight Trustees to be nominated by Mrs. 
Bertha L. Cone, and of the eight nominated by her four 
shall hold office for two years from and after the said 
second Wednesday in May, 1913, and the other four for 
four years from and after said date, and their successors 
shall be appointed for full terms of four years.

Should any vacancy occur in the Board of Trustees, 
such vacancy may be filled by appointment by the person 
or board hereinbefore vested with the power to appoint 
originally, and such appointment shall be for the unex­
pired term of the Trustee whose death or resignation 
caused the vacancy.

T enth : That until the General Assembly of North Caro­
lina, at its session in 1913 or at some subsequent session, 
shall enact an act of incorporation of the character herein­
before mentioned, and satisfactory to and accepted by the 
Board of Trustees named in paragraph five of these Ar­
ticles of Incorporation, this corporation shall be admin­
istered by the Board of Trustees named in said fifth para­

Exhibit A Annexed to Affidavit of Benjamin Cone



27a

graph hereof, and any vacancies occurring in said Board 
shall be filled by appointment by Mrs. Bertha L. Cone 
should she be alive, and if she should not be alive when 
such vacancy shall occur, the surviving members of the 
Board of Trustees shall have the right to fill said vacancy 
by election, a majority vote determining the choice.

E leventh : That no Trustee shall receive any compen­
sation beyond actual and necessary expenses incident to 
or connected with the performance of his duties as such 
Trustee, or as a member of some committee, or while per­
forming some duty specially imposed upon him by the 
Board of Trustees.

In W itness W hereoe, we have hereunto set our several 
and respective hands and seals on this the 25th day of 
May, 1911.

Exhibit A Annexed to Affidavit of Benjamin Cone

S/ B ertha L. Cone (seal)

8/ E tta Cone (seal)

8/ Ceasar Cone (seal)

8/ B ernard M. Cone (seal)

8/ J ames H. P ott (seal)

8/ R obert R. K ing (seal)

Testor Bertha L. Cone
John R. Hooper



28a

State oe M aryland 
City of B altimore

Before me, John R. Hooper, a Notary Public in and for 
the above named State and City, this day personally ap­
peared Mrs. Bertha L. Cone and acknowledged the due 
execution of the foregoing Articles of Incorporation.

In W itness W hereof, I have hereunto set my hand and 
Notarial seal on this the 26th day of May, 1911.

s /  J o h n  R . H ooper 
Notary Public

Notarial Seal
My Commission Expires May 6, 1912

Exhibit A Annexed to Affidavit of Benjamin Cone

North Carolina 
Guilford County

Before me, W. 0. White, Jr., a Notary Public in and for 
the above named State and County, this day personally 
appeared Ceasar Cone and acknowledged the due execution 
of the foregoing Articles of Incorporation.

In W itness W hereof, I have hereunto set my hand and 
Notarial seal on this the 25th day of May, 1911.

s / W. 0. W hite, Jr., N. P.

Notarial Seal
My Commission Expires Jany 18th, 1913.



29a

North Carolina 
B uncombe County

Before me, J. G. Rankin, a Notary Public in and for the 
above named State and County, this day personally ap­
peared Etta Cone and acknowledged the due execution of 
the foregoing Articles of Incorporation.

In W itness W hereof, I have hereunto set my hand and 
Notarial seal on this the 27th day of May, 1911.

s / J. G. R ankin, N.P.

Notarial Seal
My Commission Expires Oct. 11th, 1911.

Exhibit A .Annexed to Affidavit of Benjamin Cone

North Carolina 
Guilford County

Before me, Thomas S. Beall, a Notary Public in and for 
the above named State and County, this day personally 
appeared Bernard M. Cone and Robert R. King and ac­
knowledged the due execution of the foregoing Articles of 
Incorporation.

In W itness W hereof, I have hereunto set my hand and 
Notarial seal on this the 29th day of May, 1911.

s / T homas S. Beall, N. P.
Notarial Seal
My Commission Expires Nov. 24, 1912.



30a

Nokth Carolina 
W ake County

Before me, C. A. Gosney, A Notary Public in and for 
the above named State and County, this day personally 
appeared James H. Pou and acknowledged the due execu­
tion of the foregoing Articles of Incorporation.

In W itness W hereof, I have hereunto set my hand and 
Notarial seal on this the 29th day of May, 1911.

s / C. A. Gosney, N. P.
Notarial Seal
My Commission Expires January 29th, 1912.

Exhibit A Annexed to Affidavit of Benjamin Cone

FILED
MAT 29, 1911

J. BRYAN GRIMES 
Secretary of State

OFFICE OF THE MOSES H. CONE MEMORIAL 
HOSPITAL

Greensboro, N.C., April 14, 1913

TO THE HONORABLE, THE GOVERNOR OF THE 
STATE OF NORTH CAROLINA, THE BOARD OF COM­
MISSIONERS OF THE CITY OF GREENSBORO, THE 
BOARD OF COMMISSIONERS OF THE COUNTY OF 
GUILFORD, THE BOARD OF COMMISSIONERS OF 
THE COUNTY OF WATAUGA, THE GUILFORD 
COUNTY MEDICAL SOCIETY:



31a

This is to certify that in accordance with Section 14 of 
an act passed by the last General Assembly of North Caro­
lina, entitled: “A BILL TO BE ENTITLED ‘AN ACT TO 
RATIFY, APPROVE AND CONFIRM ARTICLES OF 
INCORPORATION ISSUED ON THE 29th DAY OF 
MAY, 1911, BY THE SECRETARY OF STATE TO THE 
MOSES H. CONE MEMORIAL HOSPITAL, INCORPO­
RATED, AND TO CONFER ADDITIONAL POWERS 
UPON THE SAID CORPORATION, AND TO PROVIDE 
FOR ITS FURTHER GOVERNMENT’ The Moses H. 
Cone Memorial Hospital, Incorporated, at a meeting called 
and held at the office of the corporation in Greensboro, 
N.C., at three o’clock P.M., on April 7th, 1913, through its 
Board of Trustees named in the seventh section of said 
bill enacted as above, by a majority vote of all the Trustees, 
accepted the said Act entitled as above as the act and char­
ter of the corporation, and subject to all the terms thereof.

In W itness W hereof, I, Ceaser Cone, Secretary of The 
Moses H. Cone Memorial Hospital, have hereunto affixed 
the seal of the said corporation and subscribed my name 
as such Secretary, on the day and year first above written.

/ s /  Ceasar Cone, Secretary
(Seal)

Exhibit A Annexed to Affidavit of Benjamin Cone

F I L E D

APR 23 1913
J. BRYAN GRIMES 

SECRETARY OF STATE



32a

EXHIBIT B ANNEXED TO AFFIDAVIT OF 
BENJAMIN CONE

CHARTER

OF
THE MOSES H. CONE MEMORIAL 

HOSPITAL

GREENSBORO, N. C.
(Filed: April 2, 1962)

Being Chapter 400 of the Private Laws of North Carolina
Session of 1913

CHAPTER 400

AN ACT TO RATIFY, APPROVE, AND CONFIRM 
ARTICLES OF INCORPORATION ISSUED ON THE 
29th DAY OF MAY, 1911, BY THE SECRETARY OF 
STATE TO THE MOSES H. CONE MEMORIAL HOS­
PITAL, INCORPORATED, AND TO CONFER ADDI­
TIONAL POWERS UPON THE SAID CORPORA­
TION, AND TO PROVIDE FOR ITS FUTURE 
GOVERNMENT.

Whereas a charter was granted by the Secretary of State 
of the State of North Carolina to The Moses H. Cone 
Memorial Hosjutal, Incorporated, by articles of incorpora­
tion issued on the twenty-ninth day of May, one thousand 
nine hundred and eleven; and whereas, under and by virtue 
of said articles of incorporation, The Moses H. Cone Memo­
rial Hospital, Incorporated, was organized and the charter 
accepted at Greensboro, North Carolina, on the thirty-first



33a

day of May, one thousand nine hundred and eleven; and 
whereas Mrs. Bertha L. Cone, widow of Moses H. Cone, 
deceased, has executed deeds and conveyances of gift of a 
large amount of property, both real and personal, to said 
corporation, reserving, however, during her life the income 
on the same, which donations and gifts have been duly 
accepted by the said corporation upon the terms, condi­
tions and limitations set out in said conveyances; and deeds 
therefor have been duly recorded in the registries of the 
counties of Guilford and Watauga, North Carolina; and 
whereas it is the desire of the said donor and the said 
corporation that an act of the General Assembly of North 
Carolina be passed granting perpetual succession to said 
corporation and providing for a change in the name of said 
corporation, and for the perpetual government of the same 
in accordance with the terms and conditions contained in 
certain articles of agreement: Now, therefore,

The General Assembly of North Carolina do enact:

Section 1. That the articles of incorporation issued by 
the Secretary of State of the State of North Carolina on 
the twenty-ninth day of May, one thousand nine hundred 
and eleven, upon the application of Bertha L. Cone, Etta 
Cone, Ceasar Cone, Bernard M. Cone, James H. Pou, and 
Robert R. King, under which the said applicants and John 
M. Bernhardt, George W. Watts, H. A. Foushee, and R. A. 
Doughton were authorized and empowered to form and 
organize themselves into a corporation under the name and 
style of The Moses H. Cone Memorial Hospital, Incorpo­
rated; and the acts of the said incorporators in organizing 
said corporation under the said name at Greensboro, North 
Carolina, on the thirty-first day of May, one thousand nine 
hundred and eleven, and the conveyance to the said cor-

Exhibit B Annexed to Affidavit of Benjamin Cone



poration by the said Mrs. Bertha L. Cone of a large amount 
of property, both real and personal, and the acceptance 
of said conveyances and gifts of said property by said 
corporation, upon the terms, conditions, and limitations set 
out in said conveyances, be and the same are hereby in all 
respects fully ratified, approved, and confirmed.

Sec. 2. That the name of the said corporation be and the 
same is hereby changed by omitting therefrom the word 
“ Incorporated” ; and hereafter the name and style of the 
said corporation shall be, and forever remain, “The Moses 
H. Cone Memorial Hospital,” and under such name it may 
contract and be contracted with, sue and be sued, and have 
perpetual succession, and a common seal, which seal said 
corporation through its governing body may change or alter 
at pleasure; and that said governing body shall be known 
and designated as “ The Board of Trustees of the Moses H. 
Cone Memorial Hospital.”

Sec. 3. That the location of the principal office of this 
corporation shall be in or near the city of Greensboro, in 
the county of Guilford, State of North Carolina.

Sec. 4. That the objects for which this corporation is 
formed and given perpetual succession are as follows: In 
its corporate name to build, establish, own, conduct, and 
maintain one or more hospitals, with the necessary appli­
ances and equipment, and any and all other necessary and 
suitable buildings in the county of Guilford, or in any other 
county or counties in the State of North Carolina, for the 
reception and treatment of persons who may need medical 
or surgical treatment or attention; the training of nurses, 
and the giving and receiving of instructions by lectures or 
otherwise, or both.

Exhibit B Annexed to Affidavit of Benjamin Cone



35a

S ec . 5. That the said corporation may, in its corporate 
name acquire, receive, take, hold and own, by gift, devise, 
or otherwise, property of all kinds, that is to say, personal, 
real, and mixed, without restriction as to quantity or value 
thereof, absolutely, in trust or otherwise, and apply the 
income therefrom or principal thereof under and as pro­
vided by the terms of the gift, devise, instrument or instru­
ments under which it may or shall acquire such property, 
with full power to sell, transfer, invest, reinvest, or loan 
on such satisfactory security as the board of trustees may 
think advisable and for the best interests of the said cor­
poration ; Provided, however, that the said board of trus­
tees shall in no way violate any condition of or otherwise 
appropriate any property which the said corporation has 
or may hereafter acquire otherwise than as provided by the 
terms of the gift, devise, instrument or instruments under 
which it may have or shall acquire such property.

S ec . 6. T h at this co rp o ra tio n  shall have no cap ita l stock.

S ec . 7. That the board of trustees elected by the incor­
porators at their meeting held in Greensboro, North Car­
olina, on the thirty-first day of May, one thousand nine 
hundred and eleven, shall hold office and control the affairs 
of the said corporation in accordance with the charter until 
the second Wednesday in May, one thousand nine hundred 
and thirteen, at twelve o’clock noon, and thereafter until 
their successors shall have been appointed and qualified; 
and the members of the said board of trustees elected as 
aforesaid to hold office until the said second Wednesday in 
May, one thousand nineteen hundred and thirteen, are as 
follows:

Exhibit B Annexed to Affidavit of Benjamin Cone

Bertha L. Cone. 
Etta Cone.........

.Blowing Rock, N. C. 

....... Baltimore, Md.



36a

Ceasar Cone..........................Greensboro, N. C.
Bernard M. Cone....................Greensboro, N. C.
John M. Bernhardt........................Lenoir, N. C.
George W. Watts.................. .....Durham, N. C.
H. A. Foushee........................... ..Durham, N. C.
R. A. Doughton.................... .........Sparta, N. C.
James H. Pou............................... Raleigh, N. C.
Robert R. King......................Greensboro, N. C.

That Bertha L. Cone shall be president of said corpora­
tion until the said second Wednesday in May, one thousand 
nine hundred and thirteen, and until her successor shall 
have been elected and qualified; and that Ceasar Cone shall 
be secretary and treasurer of the corporation until the 
said second Wednesday in May, one thousand nine hundred 
and thirteen, and until his successor shall have been elected 
and qualified.

Sec. 8. That the board of trustees of said corporation 
and their successors in office shall have power to make all 
such rules, regulations, by-laws, and ordinances as they 
may deem necessary or useful for the conduct, government, 
and maintenance of said corporation and the management 
of its affairs; and they may alter, amend, or rescind the 
same at pleasure by a vote of a majority of the said board 
of trustees; and the said board of trustees shall have full 
power to prescribe the classes of patients, as regards dis­
eases, who shall be admitted or refused or dismissed: Pro­
vided, however, that no patient shall be refused admission 
nor be discharged because of inability to pay.

Sec. 9. That in addition to the powers herein expressly 
set out, this corporation shall have and enjoy all the powers 
and privileges conferred by the general corporation law of

Exhibit B Annexed to Affidavit of Benjamin Cone



37a

this State upon corporations of like character, in so far as 
may he necessary to carry out fully the purposes of this 
corporation.

Sec. 10. That from and after noon on the second Wednes­
day in May, one thousand nine hundred and thirteen the 
said corporation shall be governed by a board of trustees, 
which shall then and thereafter consist of fifteen (15) mem­
bers, which said board of trustees shall have and exercise 
all the powers hereinbefore and hereinafter conferred upon 
the board of trustees, and shall be known and designated 
as “ The Board of Trustees of the Moses H. Cone Memorial 
Hospital” ; and shall have perpetual succession and shall 
hold and administer the property, franchises, and effects 
of the corporation, and shall receive, in the name and on 
behalf of the corporation, any property and gifts and carry 
out fully the trusts imposed upon the said board of trustees. 
That the said board of trustees shall be designated and 
appointed as follows, that is to say:

Mrs. Bertha L. Cone shall have the power to nominate 
and appoint eight (8) members of said board of trustees; 
and she may nominate and ajjpoint herself as one of the 
said eight members; and the said power of appointing said 
eight members of said board of trustees shall be vested in 
the said Mrs. Bertha L. Cone so long as she may live; and 
if during the term of office of the said eight members to be 
nominated and appointed by the said Mrs. Bertha L. Cone 
any one or more should die, resign, or otherwise become 
disqualified, it shall be the duty of the said Mrs. Bertha L. 
Cone to thereupon immediately appoint some one to fill the 
unexpired term of the said trustee so dying, resigning, or 
otherwise becoming disqualified. But the said Mrs. Bertha 
L. Cone may resign said right of appointment, either in

Exhibit B Annexed to Affidavit of Benjamin Cone



38a

whole or in part, at any time, by filing with the said board 
of trustees an instrument, duly executed, whereby she may 
surrender said right of appointment, either in whole or in 
part. After the death of the said Mrs. Bertha L. Cone, or 
after the renunciation by her of her right to appoint said 
eight members of said board of trustees as aforesaid, when­
ever vacancies shall occur by expiration of term of office, 
death, resignation, or otherwise, all vacancies among the 
said eight trustees originally appointed by the said Mrs. 
Bertha L. Cone shall be filled by election by the board of 
trustees, a majority vote determining said election; and 
the member or members so elected shall serve for the term 
elected and until his successor shall have been elected and 
qualified.

That of the remaining seven (7) members of the said 
board of trustees, three (3) members, and their successors 
forever, shall be nominated and appointed by the Governor 
of North Carolina and his successors in office; and it is 
hereby made the duty of the Governor of North Carolina 
to nominate and appoint three (3) members of said board 
of trustees prior to the second Wednesday in May, one 
thousand nine hundred and thirteen, and to issue to said 
members so nominated and appointed by him a commission 
or certificate of appointment; and as the terms of office of 
the said three members of the said board of trustees shall 
hereafter expire, the Governor of North Carolina and his 
successors in office shall thereafter, prior to the second 
Wednesday in May of the year in which their terms shall 
expire, nominate and appoint their successors; and if dur­
ing the term of office of the three trustees to be so des­
ignated and appointed by the Governor of North Carolina 
any one or more should die, resign, or otherwise become 
disqualified, it shall be the duty of the Governor and his

Exhibit B Annexed to Affidavit of Benjamin Cone



39a

successors to thereupon immediately appoint some one to 
fill the unexpired term of the said trustee so dying, resign­
ing, or otherwise becoming disqualified.

That of the said remaining four (4) members of the said 
board of trustees, one member, and his successors forever, 
shall be appointed by the board of commissioners of the 
city of Greensboro and their successors in office; and the 
said board of commissioners of the city of Greensboro shall 
appoint and designate said trustee prior to the second 
Wednesday in May, one thousand nine hundred and thir­
teen ; and upon the expiration of his term of office the said 
board of commissioners of the city of Greensboro and their 
successors in office shall thereafter nominate and appoint 
his successor; and if a vacancy should occur, caused by 
the death, resignation, or disqualification of the trustee 
so appointed, it shall be the duty of the said board of com­
missioners of the city of Greensboro to immediately nomi­
nate and appoint his successor, who shall hold office for the 
unexpired term and until his successor shall have been 
appointed and qualified.

That of the said remaining three (3) members of the 
said board of trustees, one member, and his successors for­
ever, shall be appointed by the board of commissioners of 
the county of Guilford and their successors in office; and the 
said board of commissioners of the county of Guilford shall 
appoint and designate said trustee prior to the second 
Wednesday in May, one thousand nine hundred and thir­
teen ; and upon the expiration of his term of office, the said 
board of commissioners of the county of Guilford and their 
successors in office shall thereafter nominate and appoint 
his successor; and if a vacancy should occur, caused by the 
death, resignation, or disqualification of the trustee so 
appointed, it shall be the duty of the said board of com­

Exhibit B Annexed to Affidavit of Benjamin Cone



40a

missioners of the county of Guilford to immediately nomi­
nate and appoint his successor, who shall hold office for the 
unexpired term and until his successor shall have been 
appointed and qualified.

That of the said remaining two (2) members of the said 
board of trustees, one member, and his successors forever, 
shall be appointed by the board of commissioners of the 
county of Watauga and their successors in office; and the 
said board of commissioners of the county of Watauga 
shall appoint and designate said trustee prior to the sec­
ond Wednesday in May, one thousand nine hundred and 
thirteen; and upon the expiration of his term of office the 
said board of commissioners of the county of Watauga and 
their successors in office shall thereafter nominate and 
appoint his successor; and if a vacancy should occur, caused 
by the death, resignation, or disqualification of the trustee 
so appointed, it shall be the duty of the said board of com­
missioners of the county of Watauga to immediately nomi­
nate and appoint his successor, who shall hold office for the 
unexpired term and until his successor shall have been 
appointed and qualified.

That the remaining member of the said board of trustees, 
and his successors forever, shall be appointed by the Guil­
ford County Medical Society, its successors, or such body 
or organization or society as may hereafter succeed to the 
powers and duties now exercised and performed by the 
said Guilford County Medical Society; and the said Guil­
ford County Medical Society shall appoint and designate 
said trustee prior to the second Wednesday in May, one 
thousand nine hundred and thirteen; and upon the expira­
tion of his term of office the said Guilford County Medical 
Society, or such body, organization, or society as may here­
after succeed to the powers and duties now exercised and

Exhibit B Annexed to Affidavit of Benjamin Cone



41a

performed by said Guilford County Medical Society, shall 
thereafter nominate and appoint his successor; and if a 
vacancy should occur, caused by the death, resignation, or 
disqualification of the trustee so appointed, it shall be the 
duty of the said Guilford County Medical Society to im­
mediately appoint and nominate his successor, who shall 
hold office for the unexpired term and until his successor 
shall have been appointed and qualified.

That all appointments of trustees made by the Governor 
of North Carolina, the board of commissioners of the city 
of Greensboro, the board of commissioners of the county 
of Guilford, the board of commissioners of the county of 
Watauga and the Guilford County Medical Society, and 
their successors, shall be for a term of four (4) years, 
commencing at noon on the second Wednesday in May, 
one thousand nine hundred and thirteen; and the terms 
of office of the eight members of the said board of trustees 
to be nominated and appointed by the said Mrs. Bertha L. 
Cone shall be as follows: Four (4) shall hold office for two 
years from and after noon of the second Wednesday in 
May, one thousand nine hundred and thirteen, and the other 
four (4) members shall hold office for four years from and 
after noon of the second Wednesday in May, one thousand 
nine hundred and thirteen; and thereafter their successors 
shall be appointed or elected, as herein provided, for a full 
term of four years.

It shall be the duty respectively of the Governor of North 
Carolina, the board of commissioners of the city of Greens­
boro, the board of commissioners of the county of Guilford, 
the board of commissioners of the county of Watauga, and 
the Guilfrd County Medical Society, and their successors, 
immediately upon designation of the trustee or trustees to 
be appointed by them, to certify the same to The Moses H.

Exhibit B Annexed to Affidavit of Benjamin Cone



42a

Cone Memorial Hospital, at G-reensboro, North Carolina, 
not later than the second Wednesday in May, one thousand 
nine hundred and thirteen, and therafter as the appoint­
ments shall be made by them; and the said Governor and 
the said boards of commissioners and said Guilford County 
Medical Society are authorized and empowered to issue to 
their said nominees and appointees such certificates of ap­
pointment as they may deem proper. That upon the death, 
resignation, or disqualification from any other cause of any 
member of the board of trustees, it shall be the duty of 
the president or secretary of said corporation to immedi­
ately certify the said vacancy to the person, officer, board, 
or society having the power to appoint the successor; and 
it shall thereupon be the duty of such person, officer, board, 
or society to immediately make and certify the appoint­
ment of the successor of such trustee.

Sec. 11. That if any vacancy shall occur prior to the 
second Wednesday in May, one thousand nine hundred and 
thirteen, in the board of trustees named in the seventh sec­
tion of this act, Mrs. Bertha L. Cone shall have the right 
to fill such vacancy by appointment; and her said appointee 
or appointees shall hold office until the said second Wednes­
day in May, one thousand nine hundred and thirteen, and 
until their successors shall have been appointed and quali­
fied.

Sec. 12. That the members of the board of trustees shall 
receive no compensation whatever, except actual and neces­
sary expenses incident to or connected with the performance 
of his duties as such trustee, or as a member of some com­
mittee, or while performing some duty especially imposed 
upon him by the said board of trustees.

Exhibit B Annexed to Affidavit of Benjamin Gone



Sec. 13. That it shall be the duty of the corporation to 
notify such person, officer, board, or society having power 
to nominate and appoint trustees, of the expiration of the 
term of office of any trustee appointed by such person, 
officer, board, or society, at least two (2) months prior to 
the expiration of the term of office of such trustee; and 
when a vacancy occurs in the board of trustees by death, 
resignation, or other disqualification, it shall be the duty 
of the corporation to immediately notify the person, officer, 
board or society having authority hereunder to nominate 
and appoint the successor that such vacancy exists.

Sec. 14. That this act shall be null and void unless prior 
to the first day of May, A. D. one thousand nine hundred 
and thirteen, the said corporation, through its board of 
trustees named in the seventh section hereof, shall have, 
by a majority vote, accepted the same as the act of incor­
poration and subject to all the terms hereof, and shall have- 
certified its said act of acceptance to the Governor of this 
State, the board of commissioners of the city of Greens­
boro, the board of commissioners of the county of Guilford, 
the board of commissioners of the county of Watauga, and 
the Guilfrd County Medical Society. Upon said acceptance 
by the said board of trustees, this act shall become effective 
and shall thereafter be and remain the sole instrument of 
government and charter of said corporation; and that after 
the acceptance by the said corporation, through its board 
of trustees, of this act, the corporation created hereby shall 
succeed to and be vested with all the rights, powers, 
privileges, franchises, property, and estate now belonging 
to the said The Moses H. Cone Memorial Hospital, Incor­
porated; and no deed or conveyance shall be necessary to 
transfer the said rights, powers, privileges, franchises,

Exhibit B Annexed to Affidavit of Benjamin Cone



44a

property, and estate from the said The Moses H. Cone 
Memorial Hospital, Incorporated, to The Moses H. Cone 
Memorial Hospital, chartered and incorporated by this act.

Sec. 15. That this act shall be in force (subject to the 
conditions aforesaid) from and after its ratification.

Ratified this the 8th day of March, A. D. 1913.

I, Benjamin Cone, do hereby certify that I am the 
President of The Moses H. Cone Memorial Hospital, a 
North Carolina corporation; and that the foregoing is a 
copy of the legislative charter of the said corporation as 
set forth in Chapter 400 of the Private Laws of North 
Carolina, Session of 1913.

IN WITNESS WHEREOF, I have hereunto set my hand 
and the seal of the said corporation on this 28 day of 
March, 1962.

/ s /  B enjamin Cone

Benjamin Cone, President 
The Moses H. Cone Memorial Hospital

(SEAL)

Exhibit B Annexed to Affidavit of Benjamin Gone



45a

EXHIBIT C ANNEXED TO AFFIDAVIT OF 
BENJAMIN CONE

CHARTER

OF
THE MOSES H. CONE MEMORIAL 

HOSPITAL
Greensboro, North Carolina 

(Filed: April 2, 1962)

Being Chapter 400 of the Private Laws of North Caro­
lina, Session of 1913, as amended by Chapter 234 of the 
1961 Session Laws of North Carolina.

CHAPTER 400

AN ACT TO RATIFY, APPROVE, AND CONFIRM 
ARTICLES OF INCORPORATION ISSUED ON THE 
29th DAY OF MAY, 1911, BY THE SECRETARY OF 
STATE TO THE MOSES H. CONE MEMORIAL HOS­
PITAL, INCORPORATED, AND TO CONFER ADDI­
TIONAL POWERS UPON THE SAID CORPORA­
TION, AND TO PROVIDE FOR ITS FUTURE 
GOVERNMENT.

Whereas a charter was granted by the Secretary of State 
of the State of North Carolina to The Moses H. Cone 
Memorial Hospital, Incorporated, by articles of incorpora­
tion issued on the twenty-ninth day of May, one thousand 
nine hundred and eleven; and whereas, under and by virtue 
of said articles of incorporation, The Moses H. Cone Memo­



46a

rial Hospital, Incorporated, was organized and the charter 
accepted at Greensboro, North Carolina, on the thirty-first 
day of May, one thousand nine hundred and eleven; and 
whereas Mrs. Bertha L. Cone, widow of Moses H. Cone, 
deceased, has executed deeds and conveyances of gift of a 
large amount of property, both real and personal, to said 
corporation, reserving, however, during her life the income 
on the same, which donations and gifts have been duly 
accepted by the said corporation upon the terms, conditions 
and limitations set out in said conveyances; and deeds 
therefor have been duly recorded in the registries of the 
counties of Guilford and Watauga, North Carolina; and 
whereas it is the desire of the said donor and the said 
corporation that an act of the General Assembly of North 
Carolina be passed granting perpetual succession to said 
corporation and providing for a change in the name of said 
corporation, and for the perpetual government of the same 
in accordance with the terms and conditions contained in 
certain articles of agreement: Now, therefore,

The General Assembly of North Carolina do enact:

Section 1. That the articles of incorporation issued by 
the Secretary of State of the State of North Carolina on 
the twenty-ninth day of May, one thousand nine hundred 
and eleven, upon the application of Bertha L. Cone, Etta 
Cone, Ceasar Cone, Bernard M. Cone, James H. Pou, and 
Robert R. King, under which the said applicants and John 
M. Bernhardt, George W. Watts, H. A. Foushee, and R. A. 
Doughton were authorized and empowered to form and 
organize themselves into a corporation under the name 
and style of The Moses H. Cone Memorial Hospital, Incor­
porated; and the acts of the said incorporators in organiz­
ing said corporation under the said name at Greensboro,

Exhibit C Annexed to Affidavit of Benjamin Cone



North Carolina, on the thirty-first day of May, one thousand 
nine hundred and eleven, and the conveyance to the said cor­
poration by the said Mrs. Bertha L. Cone of a large amount 
of property, both real and personal, and the acceptance 
of said conveyances and gifts of said property by said 
corporation, upon the terms, conditions, and limitations 
set out in said conveyances, be and the same are hereby in 
all respects fully ratified, approved, and confirmed.

Sec. 2. That the name of the said corporation be and the 
same is hereby changed by omitting therefrom the word 
“Incorporated” ; and hereafter the name and style of the 
said corporation shall be, and forever remain, “ The Moses 
H. Cone Memorial Hospital,” and under such name it may 
contract and be contracted with, sue and be sued, and have 
perpetual succession, and a common seal, which seal said 
corporation through its governing body may change or 
alter at pleasure; and that said governing body shall be 
known and designated as “ The Board of Trustees of the 
Moses H. Cone Memorial Hospital.”

Sec. 3. That the location of the principal office of this 
corporation shall be in or near the city of Greensboro, in 
the county of Guilford, State of North Carolina.

Sec. 4. That the objects for which this corporation is 
formed and given perpetual succession are as follows: In 
its corporate name to build, establish, own, conduct, and 
maintain one or more hospitals, with the necessary appli­
ances and equipment, and any and all other necessary and 
suitable buildings in the county of Guilford, or in any 
other county or counties in the State of North Carolina, for 
the reception and treatment of persons who may need 
medical or surgical treatment or attention; the training

Exhibit C Annexed to Affidavit of Benjamin Cone



48a

of nurses, and the giving and receiving of instructions by 
lectures or otherwise, or both.

Sec. 5. That the said corporation may, in its corporate 
name acquire, receive, take, hold and own, by gift, devise, 
or otherwise, property of all kinds, that is to say, personal, 
real, and mixed, without restriction as to quantity or value 
thereof, absolutely, in trust or otherwise, and apply the 
income therefrom or principal thereof under and as pro­
vided by the terms of the gift, devise, instrument or instru­
ments under which it may or shall acquire such property, 
with full power to sell, transfer, invest, reinvest, or loan 
on such satisfactory security as the board of trustees may 
think advisable and for the best interests of the said cor­
poration; Provided, however, that the said board of trus­
tees shall in no way violate any condition of or otherwise 
appropriate any property which the said corporation has 
or may hereafter acquire otherwise than as provided by the 
terms of the gift, devise, instrument or instruments under 
which it may have or shall acquire such property.

Sec. 6. That this corporation shall have no capital stock.

Sec. 7. That the board of trustees elected by the incor­
porators at their meeting held in Greensboro, North Caro­
lina, on the thirty-first day of May, one thousand nine hun­
dred and eleven, shall hold office and control the affairs of 
the said corporation in accordance with the charter until 
the second Wednesday in May, one thousand nine hundred 
and thirteen, at twelve o’clock noon, and thereafter until 
their successors shall have been appointed and qualified; 
and the members of the said board of trustees elected as 
aforesaid to hold office until the said second Wednesday in

Exhibit C Annexed to Affidavit of Benjamin Cone



49a

May, one thousand nine hundred and thirteen, are as 
follows:

Bertha L. Cone......
Etta Cone............ .
Ceasar Cone............
Bernard M. Cone..—
John M. Bernhardt 
George W. Watts...
H. A. Foushee........
R. A. Doughton.....
James H. Pou.......
Robert R. King......

That Bertha L. Cone shall be president of said corpora­
tion until the said second Wednesday in May, one thousand 
nine hundred and thirteen, and until her successor shall 
have been elected and qualified; and that Ceasar Cone shall 
be secretary and treasurer of the corporation until the 
said second Wednesday in May, one thousand nine hundred 
and thirteen, and until his successor shall have been elected 
and qualified.

S ec . 8. That the board of trustees of said corporation 
and their successors in office shall have power to make all 
such rules, regulations, by-laws, and ordinances as they 
may deem necessary or useful for the conduct, government, 
and maintenance of said corporation and the management 
of its affairs; and they may alter, amend, or rescind the 
same at pleasure by a vote of a majority of the said board 
of trustees; and the said board of trustees shall have full 
power to prescribe the classes of patients, as regards dis­
eases, who shall be admitted or refused or dismissed: Pro­

Exhibit C Annexed to Affidavit of Benjamin Cone

Blowing Rock, N. C.
___ Baltimore, Md.
.....Greensboro, N. C.
....Greensboro, N. C.
______ Lenoir, N. C.
_____Durham, N. C.
.........Durham, N. C.
......... ..Sparta, N. C.
........ Raleigh, N. C.
— Greensboro, N. C.



50a

vided, however, that no patient shall be refused admission 
nor be discharged because of inability to pay.

S ec . 9. That in addition to the powers herein expressly 
set out, this corporation shall have and enjoy all the powers 
and privileges conferred by the general corporation law 
of this State upon corporations of like character, in so far 
as may be necessary to carry out fully the purposes of this 
corporation.

S ec . 10. That the said corporation shall be governed by 
a board of trustees which shall consist of fifteen (15) 
members and which shall be known and designated as 
“ The Board of Trustees of The Moses H. Cone Memorial 
Hospital” ; that the said board of trustees shall have and 
exercise all the powers hereinbefore and hereinafter con­
ferred upon the board of trustees; shall have perpetual 
succession; shall hold and administer the property, fran­
chises, and effects of the corporation, and shall receive, in 
the name and on behalf of the corporation, any property 
and gifts; and shall carry out fully the trusts imposed upon 
the said board of trustees. That the said board of trustees 
shall be appointed and elected as follows:

Three (3) members of the said board of trustees, and 
their successors forever, shall be appointed by the Gov­
ernor of North Carolina and his successors in office; one 
(1) member, and his successors forever, shall be appointed 
by the City Council of the City of Greensboro and their 
successors in office; one (1) member, and his successors 
forever, shall be appointed by the Board of Commissioners 
of the County of Guilford and their successors in office; 
one (1) member, and his successors forever, shall be ap­
pointed by the Guilford County Medical Society and its

Exhibit C Annexed to Affidavit of Benjamin Cone



51a

successors, or by such body or organization or society as 
may hereafter succeed to the powers and duties now exer­
cised and performed by the said Guilford County Medical 
Society; and the remaining nine (9) members, and their 
successors forever, shall be elected by the members of the 
said board of trustees in office from time to time. The 
election of trustees by the board of trustees shall be by 
a majority vote of the members present at any meeting 
of the said board of trustees at which there is a quorum, 
and an}r member of the board of trustees may vote upon 
the election of his successor.

That all appointments of trustees made by the Governor 
of North Carolina, the City Council of the City of Greens­
boro, the Board of Commissioners of the County of Guil­
ford, and the Guilford County Medical Society, and their 
successors, shall be for four (4) year terms, commencing 
at noon on the second Wednesday in May, 1961, and each 
four years thereafter. That of the nine (9) remaining 
trustees to be elected by the members of the board of 
trustees in office from time to time, five (5) trustees shall 
be elected for four (4) year terms, commencing at noon 
on the second Wednesday in May, 1961, and each four 
years thereafter; and four (4) trustees shall be elected 
for four (4) year terms, commencing at noon on the second 
Wednesday in May, 1963, and each four years thereafter. 
Each trustee so appointed or elected shall serve for the 
designated term of four (4) years and thereafter until his 
successor is duly appointed or elected and qualified, except 
in the case of an appointment or election to fill an unex­
pired term, in which case the said trustee so appointed 
or elected shall serve for the remainder of the unexpired 
term and thereafter until his successor is duly appointed 
or elected and qualified.

Exhibit C Annexed to Affidavit of Benjamin Cone



52a

As the terms of office of the members of the said board 
of trustees shall approach expiration, or upon the death, 
resignation, or disqualification from any other cause of any 
member of the board of trustees, it shall be the duty of 
the president or secretary of the said corporation to certify 
such approaching expiration or such vacancy to the officer 
who or to the agency which has the power to appoint or 
elect the successor of each such trustee; and it shall there­
upon be the duty of such officer or of such agency to ap­
point or elect the successor of each such trustee, and in the 
case of appointments, to certify those appointments to The 
Moses H. Cone Memorial Hospital, at Greensboro, North 
Carolina. The Governor of North Carolina, the City Coun­
cil of the City of Greensboro, the Board of Commissioners 
of the County of Guilford, and the Guilford County Medical 
Society, and their successors, are also authorized and em­
powered to issue to their appointees as members of the 
board of trustees of The Moses H. Cone Memorial Hos­
pital, such certificates of appointment as they may deem 
proper.

(Section 10 was amended, to read as above, by Chapter 234 of the 
1961 Session Laws of North Carolina, effective 18 April 1961)

S ec . 11. That if any vacancy shall occur prior to the 
second Wednesday in May, one thousand nine hundred and 
thirteen, in the board of trustees named in the seventh 
section of this act, Mrs. Bertha L. Cone shall have the right 
to fill such vacancy by appointment; and her said appointee 
or appointees shall hold office until the said second Wednes­
day in May, one thousand nine hundred and thirteen, 
and until their successors shall have been appointed and 
qualified.

Exhibit C Annexed to Affidavit of Benjamin Cone



53a

Sec. 12. That the members of the board of trustees 
shall receive no compensation whatever, except actual and 
necessary expenses incident to or connected with the per­
formance of his duties as such trustee, or as a member of 
some committee, or while performing some duty especially 
imposed upon him by the said board of trustees.

Sec. 13. That it shall be the duty of the corporation to 
notify such person, officer, board, or society having power 
to nominate and appoint trustees, of the expiration of the 
term of office of any trustee appointed by such person, of­
ficer, board, or society, at least two (2) months prior to 
the expiration of the term of office of such trustee; and 
when a vacancy occurs in the board of trustees by death, 
resignation, or other disqualification, it shall be the duty 
of the corporation to immediately notify the person, officer, 
board or society having authority hereunder to nominate 
and appoint the successor that such vacancy exists.

Sec. 14. That this act shall be null and void unless prior 
to the first day of May, A.D. one thousand nine hundred 
and thirteen, the said corporation, through its board of 
trustees named in the seventh section hereof, shall have, 
by a majority vote, accepted the same as the act of incor­
poration and subject to all the terms hereof, and shall have 
certified its said act of acceptance to the Governor of this 
State, the board of commissioners of the city of Greens­
boro, the board of commissioners of the county of Guil­
ford, the board of commissioners of the county of Watauga, 
and the Guilford County Medical Society. Upon said ac­
ceptance by the said board of trustees, this act shall become 
effective and shall thereafter be and remain the sole in­
strument of government and charter of said corporation;

Exhibit C Annexed to Affidavit of Benjamin Cone



54a

and that after the acceptance by the said corporation, 
through its board of trustees, of this act, the corporation 
created hereby shall succeed to and be vested with all the 
rights, powers, privileges, franchises, property, and estate 
now belonging to the said The Moses H. Cone Memorial 
Hospital, Incorporated; and no deed or conveyance shall 
be necessary to transfer the said rights, powers, privileges, 
franchises, property, and estate from the said The Moses 
H. Cone Memorial Hospital, Incorporated, to The Moses 
H. Cone Memorial Hospital, chartered and incorporated 
by this act.

Sec. 15. That this act shall be in force (subject to the 
conditions aforesaid) from and after its ratification.

Ratified this the 8th day of March, A. D. 1913.

I, Benjamin Cone, do hereby certify that I am the Presi­
dent of The Moses H. Cone Memorial Hospital, a North 
Carolina corporation; and that the foregoing is a copy of 
the revised legislative charter of the said corporation as 
set forth in Chapter 400 of the Private Laws of North 
Carolina, Session of 1913, and as amended by Chapter 234 
of the 1961 Session Laws of North Carolina.

In W itness W hebeof, I have hereunto set my hand and 
the seal of the said corporation on this 28 day of March, 
1962.

/ s /  B enjamin Cone

Benjamin Cone, President 
The Moses H. Cone Memorial 

Hospital

Exhibit C Annexed to Affidavit of Benjamin Cone

(Seal)



55a

Affidavit o f Harold Bettis in Support o f Motion 
to Dismiss

(Filed: April 2, 1962)

Harold Bettis, being duly sworn, says:

(1) That he resides at 906 Harnmel Road, Greensboro, 
North Carolina; that he is the Director of The Moses H. 
Cone Memorial Hospital, and a defendant in this action; 
that he has been associated with the said Hospital since 
March 1, 1951, as Assistant Director from that date until 
1956, as Acting Director from 1956 to 1957, and as Director 
since 1957; and that he is familiar with the operations of 
and with the nursing programs at The Moses H. Cone 
Memorial Hospital;

(2) That the Agricultural & Technical College of North 
Carolina began to use the facilities of The Moses H. Cone 
Memorial Hospital in connection with its nursing program 
in 1954; that the College requested that it be permitted to 
use the Hospital facilities to provide clinical experience 
for its nursing students, and the Hospital acceded to this 
request; and that the A. & T. College program is a four- 
year college course leading to a baccalaureate degree;

(3) That the nursing students in the A. & T. College 
program do not come to The Moses H. Cone Memorial 
Hospital each day, but at intervals and on schedules which 
are worked out between their own teachers and the Di­
rector of Nursing at the Hospital; that the nursing students 
are accompanied by their own teachers when they do come 
to the Hospital; that all of their assignments in the Hos­
pital are performed under the direct supervision and con­
trol of their own teachers; and that the Hospital has no



56a

control over the nursing students except to insure that they 
do not violate Hospital regulations;

Affidavit of Harold Bettis in Support of
Motion to Dismiss

(4) That The Moses H. Cone Memorial Hospital sub­
sidizes the meals eaten by the A. & T. College nursing 
students while they are in the Hospital, and provides free 
laundry service for their uniforms; that the A. & T. Col­
lege nursing program has cost the Hospital a total of 
$3,337.59 in direct charges for meal subsidies and laundry 
since the program was inaugurated in 1954; and that the 
Hospital has also furnished conference and instructional 
rooms which are reserved for the use of the A. & T. College 
nursing students, without making any charge for the use 
of these rooms;

(5) That the Woman’s College of the University of 
North Carolina began to use the facilities of The Moses H. 
Cone Memorial Hospital to provide clinical training for its 
nursing students in September 1957; that the Woman’s 
College program is a two-year college course leading to an 
associate degree; that the program is controlled by the 
Woman’s College which determines the number of students 
and the hours they devote to clinical training at the Hos­
pital, except that the schedules of these student nurses in 
the Hospital are cleared through the Director of Nursing 
of the Hospital; that the Woman’s College student nurses 
are also accompanied by their own teachers when they come 
to the Hospital, and all of their assignments in the Hospital 
are performed under the direct supervision and control of 
their own teachers; and that the Hospital has no control 
over the Woman’s College student nurses except to insure 
that they do not violate Hospital regulations;



57a

(6) That the nursing students from Woman’s College 
pay for their own meals in The Moses H. Cone Memorial 
Hospital, and do not use the Hospital laundry; that during 
the last four months of their two-year program, the student 
nurses from Woman’s College work as full-time appren­
tices at the Hospital, and receive from the Hospital three- 
fourths of the regular pay of a beginning staff nurse at the 
Hospital; that this compensation goes direct to the student, 
and not to the Woman’s College; and that even during this 
period of apprenticeship and despite the fact that they are 
then being paid by the Hospital, the Woman’s College 
nursing students continue to work in the Hospital under 
the direct supervision and control of their own teachers;

(7) That The Moses H. Cone Memorial Hospital author­
ized a grant of $100,000.00 of its own funds to underwrite 
the entire cost of the Woman’s College nursing program 
for its first three academic years from 1957-1960, and the 
entire direct costs of the program for these three years 
in the actual amount of $86,835.13 were subsequently paid 
by the Hospital from its own funds under this initial grant; 
that in May 1958, the Hospital authorized another grant of 
$20,000.00 to finance approximately one-half of the esti­
mated costs of the Woman’s College nursing program for 
the academic year 1960-1961, and this $20,000.00 was sub­
sequently paid to the College by the Hospital from its own 
funds; that in May 1960, the Hospital authorized a third 
grant of $50,000.00 to finance approximately one-half of 
the estimated costs of the Woman’s College nursing pro­
gram for the two academic years 1961-1963; and that 
$25,000.00 was paid to the Woman’s College under this 
third grant on March 26,1962, and the balance of this grant

Affidavit of Harold Bettis in Support of
Motion to Dismiss



58a

is available to the Woman’s College to meet the costs of 
the program for the academic year 1962-1963;

(8) That The Moses H. Cone Memorial Hospital has 
therefore already paid over to the Woman’s College of the 
University of North Carolina, out of its own funds and 
in furtherance of the Woman’s College nursing program, 
sums aggregating $131,835.13, and has a commitment to 
the program of $25,000.00 more of its own funds; that the 
Hospital has also provided scholarship loans in the addi­
tional amount of $10,500.00 for student nurses engaged in 
the Woman’s College nursing program; that these scholar­
ship loans are administered entirely by the Woman’s Col­
lege, and not by the Hospital, and are available only to 
nursing students selected by the College; and that the Hos­
pital also furnishes conference and instructional rooms for 
the use of the Woman’s College nursing students without 
charge;

Affidavit of Harold Bettis in Support of
Motion to Dismiss

(9) That The Moses H. Cone Memorial Hospital em­
ploys the same number of persons when the nursing stu­
dents from the Colleges are in the Hospital as it does when 
they are not in the Hospital ■ that the Hospital has never 
relieved any of its personnel requirements through the use 
of the student nurses from either College; that the nursing 
programs of both the Agricultural & Technical College of 
North Carolina and of the Woman's College of the Uni­
versity of North Carolina are educational programs which 
are entirely College-centered and College-controlled, and 
both programs simply use the facilities of the Hospital 
to provide clinical experience for the nursing students en­
gaged in the programs; that both of these nursing programs



59a

have cost The Moses 11. Cone Memorial Hospital substan­
tial amounts from its own funds, and the Hospital has 
never received any direct or substantial benefit under either 
program; that The Moses H. Cone Memorial Hospital is 
interested in and has supported both programs as a public 
service, and in order to foster and to reap the intangible 
benefits to be derived from the creation of sources of well- 
trained nurses; but that The Moses H. Cone Memorial 
Hospital has no priority to employ any nurse graduating in 
either program, and must compete for the services of these 
graduates with all other interested hospitals and employers.

This the 28th day of March, 1962.

H abold Bettis

Affidavit of Harold Bettis in Support of
Motion to Dismiss

Subscribed and sworn to before me this 28 day of March, 
1962.

Madge S. O m o h t jx d k o  

Notary Public

My commission expires 
Nov. 27, 1962.

(Seal)



60a

Affidavit of Mose Kiser in Support of Motion 
to Dismiss

(Filed: April 2, 1962)

Mose K isee, first being duly sworn, deposes and says:

(1) I am the Chairman of the Board of Trustees of Wes­
ley Long Community Hospital, Inc., and have held this 
position for many years.

(2) The Certificate of Incorporation of Wesley Long 
Community Hospital, Inc., is recorded in the Record of 
Corporations, Book 43, pages 125 et seq., of the Guilford 
County Superior Court, as follows:

“ Certificate of Incorporation 
of

W esley L ong Community Hospital, Inc.

This is to certify that we, the undersigned, do hereby 
associate ourselves into a corporation under and by 
virtue of the laws of the State of North Carolina, as 
contained in the public and general statutes of the State 
of North Carolina and to that end do hereby set forth:

1. The name of the corporation is Wesley Long Com­
munity Hospital, Inc.

2. The location of the principal office of the corpora­
tion is at 338 North Elm Street, in the City of Greens­
boro, in Guilford County, North Carolina, but it may 
have such other offices and places of business as it may 
from time to time deem to be advisable.

3. The corporation is a non-profit and charitable 
coloration and shall have no capital stock and no mem­
bers other than the members of its Board of Trustees.



61a

4. The object for which the corporation is formed 
is to conduct, without profit and for charitable and 
humane purposes, a general hospital in the City of 
Greensboro or in Guilford County, North Carolina, to­
gether with such facilities as may from time to time 
become necessary or desirable in order to best serve 
the public and the community in which such said hos­
pital is located.

5. In order to properly prosecute the object set 
forth in the preceding paragraph hereof, the corpora­
tion shall have full power and authority to purchase, 
lease, acquire, by gift, devise, bequest, or otherwise, 
and to hold, mortgage, sell, convey and otherwise dis­
pose of, all kinds of property, both real and personal; 
to build and construct, repair, rebuild and improve hos­
pital buildings and any other buildings used or useful 
in the operation of a community general hospital, to 
charge and receive pay for the use of rooms, services, 
hospital facilities, board, medicine and supplies ren­
dered or supplied to patients in any hospital owned or 
operated by the corporation; and to do any and all 
other acts incident to, or deemed necessary or advisable 
in the accomplishment of the object for which the cor­
poration is formed, provided, that none of the assets of 
the corporation or the proceeds from the sale thereof, 
or any property received in exchange therefor, or re­
ceived in any other manner, shall be paid, distributed, 
transferred or assigned to any member of the Board 
of Trustees or to any other individual for said member’s 
or individual’s private gain, otherwise than in the satis­
faction of a bona fide indebtedness, and that, upon dis­
solution or expiration of the corporation, voluntary or

Affidavit of Mose Kiser in Support of
Motion to Dismiss



62a

involuntary, the assets or the proceeds from the sale 
thereof, or property received in exchange therefor, shall 
be given, assigned, and transferred to a bona fide char­
itable, non-profit or governmental agency, except where 
such termination or dissolution results from a liquida­
tion of the assets or property of the corporation to 
satisfy bona fide indebtedness.

6. The title of all property acquired by purchase, 
gift, devise, bequest, trade, lease, or in any manner 
whatsoever, shall be vested in Wesley Long Community 
Hospital, Inc., whether or not so designated in the deed 
or other instrument transferring said title. All convey­
ances or mortgages of real property, or interests there­
in, shall be duly authorized by a majority of the Board 
of Trustees and executed in the name of Wesley Long 
Community Hospital, Inc., by its president, or a vice 
president, and a secretary or an assistant secretary, 
who shall affix the corporate seal to such instrument 
and duly attest the execution thereof.

7. The business and properties of the corporation 
shall be managed and controlled by a Board of Trustees 
composed of Twelve members. The terms of office of 
one-third of the Trustees shall expire at each Annual 
Meeting of the Board of Trustees. Of the six Trustees 
in office on the date of the 1957 Annual Meeting, two 
shall be chosen and re-elected by said Trustees to serve 
for an original term of three years, two shall be chosen 
and re-elected by said Trustees to serve for an original 
term of two years, and two shall be chosen and re­
elected by said Trustees for an original term of one 
year. At the 1957 Annual Trustees Meeting six addi-

Affidavit of Mose Kiser in Support of
Motion to Dismiss



63a

tional Trustees shall be elected by the then serving 
Board of Trustees. Two Trustees newly elected by the 
Board of Trustees shall be elected for an original term 
of one year; two Trustees newly elected by the Board 
of Trustees shall serve for an original term of two 
years; and two Trustees newly elected by the Board of 
Trustees shall serve for an original term of three years. 
All of the specified original terms shall begin as of the 
date of the March 1957 meeting of the Board of Trus­
tees. Upon the expiration of said original terms, and 
regularly thereafter, successor Trustees shall be elected 
to serve for regular terms of three years, but any Trus­
tee or any Trustees may be re-elected to any vacancy 
or vacancies. No member of the Board of Trustees may 
or shall be a physician or dentist practicing his pro­
fession in the hospital.

8. The Board of Trustees of the corporation shall 
have the exclusive power and control over all real and 
personal property of the corporation and shall have 
power to purchase or lease any real or personal prop­
erty, to build, construct, repair, rebuild and improve hos­
pital buildings and any other buildings used or useful in 
the operation of a community general hospital; to borrow 
any money that may be needed to carry out the objects 
for which this corporation is formed, to repair, added to 
and improve any real or personal property of the corpo­
ration ; to create obligations of the corporation for any 
such purpose and to sell, lease, mortgage or otherwise 
convey or encumber any of the real or personal property 
of the corporation, and to authorize such action to be 
taken in the name of and on behalf of the corporation; 
provided, however, that the Trustees shall not create

Affidavit of Mose Kiser in Support of
Motion to Dismiss



64a

any debt of the corporation, whether or not secured 
by mortgage or deed of trust on all or any part of the 
corporation’s real or personal property and maturing 
more than twelve months after the date of such debt 
unless the proposal to create said debt shall be sub­
mitted to a meeting of the Board of Trustees and re­
corded in the minutes of such meeting and approved by 
not less than a majority of the Board of Trustees at a 
second meeting held after not less than ten days’ writ­
ten notice by mail to each Trustee, which notice shall 
contain a brief description of the proposed debt and the 
purpose thereof, but this requirement shall not apply 
to a debt incurred for the purchase of hospital equip­
ment under an installment payment contract not ex­
ceeding $10,000.00 in principal amount. The Board of 
Trustees shall have the exclusive powder and control 
over the institutional services and activities of the hos­
pital.

9. The Board of Trustees shall have the power to 
make, alter, amend, rescind or repeal By-Laws of the 
corporation and in such By-Laws prescribe the manner 
in which their successors are to be elected, to prescribe 
the manner by which, and the causes for which, the 
term of any Trustee may be terminated prior to normal 
expiration thereof; and, the Trustees shall elect the offi­
cers of the corporation and prescribe in the By-Laws 
the manner in which they shall be elected.

10. The period of existence of the corporation is 
unlimited.

11. None of the Trustees or officers of the corpora­
tion shall be personally liable or responsible for any of

Affidavit of Mose Kiser in Support of
Motion to Dismiss



65a

its debts, defaults, or other obligations, and no Trustee 
shall receive any compensation whatever for or in con­
nection with his or her service as such or as an officer 
of the corporation and no part of the net income of the 
corporation shall inure to the benefit of any Trustee, 
officer of the corporation, or of any other individual.

12. The income of the corporation shall be used in­
sofar as it may be needed for such purposes, for the 
purchase, lease, repair or improvement of property; 
for the construction, repair, rebuilding and improve­
ment of hospital buildings and any other buildings used 
or useful in the operation of a community general hos­
pital; or for services, supplies, or other expenses inci­
dent to the operation of a general hospital or hospitals, 
and the balance shall be used under rules and regula­
tions prescribed from time to time by the Board of 
Trustees for charitable purposes, including the care and 
treatment of indigent patients, to carry on any educa­
tional or scientific research activities related to the care 
of the sick and injured, or the promotion of health, or 
to participate in or promote any activity designed or 
carried on to promote the general health of the com­
munity.

13. The names and post office addresses of the mem­
bers of the Board of Trustees of the corporation who 
are to serve as such from the date of this amendment of 
the Certificate of Incorporation until their successors 
are elected and qualified are as follows:

Mose Kiser, Chairman Greensboro, N. C.
H. L. Coble Greensboro, N. C.
Stark Dillard Greensboro, N. C.

Affidavit of Mose Kiser in Support of
Motion to Dismiss



66a

Affidavit of Mose Kiser in Slip-port of
Motion to Dismiss

Jno. E. Foster 
C. 0. Jeffress 
E. C. McLean

Greensboro, N. C. 
Greensboro, N. C. 
Greensboro, N. C.

In Witness Whereof, we, the undersigned, have here­
unto set our hands and seals, this the 25 day of April,

State of North Carolina 
Guilford County

I, A. 0. Smith, a Notary Public in and for the County 
and State aforesaid, do hereby certify that Mose Kiser, 
H. L. Coble, Stark Dillard, Jno. R. Foster, C. 0. Jeff­
ress, E. C. McLean, the persons named in and whose 
names are subscribed to the foregoing certificate of in­
corporation of Wesley Long Community Hospital, Inc., 
personally appeared before me this day and acknowl­
edged the due execution of the same for the uses and 
purposes therein expressed.

Witness my hand and notarial seal, this the 25 day of 
April, 1957.

My commission expires: Aug. 1, 1958.”

(3) There have been no amendments or changes in the 
Certificate of Incorporation since April, 1957.

1957.
Mose Kiser (S eal)
H. L. Coble (S eal)
Stark S. Dillard (S eal)
Jno. R. Foster (S eal) 
C. 0. Jeffress (S eal)
E. C. McLean ( S e at ,)

A. 0. Smith
(N otarial Seal) Notary Public



67 a

Affidavit of Mose Kiser in Support of
Motion to Dismiss

(4) The Board of Trustees is presently composed of the 
following members:

This the 30th day of March, 1962.

Sworn to and subscribed before me 
this the 30th day of March, 1962.

(S eal)

/ s /  J oyce F. T rogdon 
Notary Public

My Commission Expires: 6-5-63

W. C. Boren, III Mose Kiser 
E. C. McLean 
E. A. Morris

Thornton H. Brooks 
Oscar W. Burnett 

■ H. L. Coble 
Stark S. Dillard 
C. 0. Jeffress

Thomas I. Storrs 
Stephen L. Upson 
Bland W. Worley

Mose K iser 
Mose Kiser, Affiant



68a

(Filed: May 4, 1962)

Plaintiffs move the Court for a preliminary injunction 
enjoining defendants the Moses H, Cone Memorial Hospital, 
the Wesley Long Community Hospital, Harold Bettis, Di­
rector of the Moses H. Cone Memorial Hospital, and A. 0. 
Smith, Administrator of the Wesley Long Community Hos­
pital, their agents, servants, employees and attorneys and 
all persons in active concert and participation with them, 
pending the final hearing and determination of this action
(1) from refusing to permit the plaintiffs G. C. Simkins, 
Jr., A. V. Blount, Jr., Walter J. Hughes, Norman N. Jones, 
Girardeau Alexander, Milton H. Barnes, W. L. T. Miller, 
E. C. Noel, III and F. E. Davis to practice on the medical 
and dental staffs of the Moses H. Cone Memorial Hospital 
and the Wesley Long Community Hospital, and from refus­
ing to admit the plaintiffs A. J. Taylor and Donald R. 
Lyons as patients at said hospitals; (2) from continuing to 
enforce the policy, practice, custom and usage of denying 
plaintiff physicians and dentists and others similarly situ­
ated admission to the medical staffs of the Moses H. Cone 
Memorial Hospital and the Wesley Long Community Hos­
pital on the basis of race, and continuing to enforce the 
policy, practice, custom and usage of denying admission 
of plaintiff patients and others similarly situated to said 
hospitals on the basis of race, or in any way conditioning or 
abridging the admission to, and use of, the facilities of the 
Moses H. Cone Memorial Hospital and the Wesley Long 
Community Hospital on the basis of race on the grounds 
that:

1. Unless restrained by this Court defendants will per­
form the acts referred to ;

Plaintiffs’ Motion for Preliminary Injunction



69a

2. Such action by the defendants will result in irrepa­
rable injury, loss and damage to the plaintiffs, as more par­
ticularly appears in the duly sworn and notarized affidavits 
of George C. Simkins, Jr., A. Y. Blount, Jr., Walter J. 
Hughes, Norman N. Jones, Girardeau Alexander, Milton 
H. Barnes, W. L. T. Miller, E. C. Noel, III, F. E. Davis, 
A. J. Taylor, Donald R. Lyons and Barbara Wise attached 
hereto; and the following documentary evidence attached 
hereto:

(A) Project application NC-86 certified as a true copy 
by the Department of Health, Education and Wel­
fare.

(B) Project application NC-311 certified as a true copy 
by the Department of Health, Education and Wel- 
fare.

(C) Project application NC-353 certified as a true copy 
by the Department of Health, Education and Wel­
fare.

(D) Project application NC-358 certified as a true copy 
by the Department of Health, Education and Wel- 
fare.

(E) Project application NC-330 certified as a true copy 
by the Department of Health, Education and Wel­
fare.

(F) Rules and Regulations for hospital licensure in 
North Carolina, certified as a true copy by the 
North Carolina Medical Care Commission.

(G) Sections of the North Carolina State Plan as 
promulgated by the North Carolina Medical Care 
Commission and certified as true copies by the 
North Carolina Medical Care Commission.

Plaintiffs’ Motion for Preliminary Injunction



70a

(H) Letter of transmission of license to the Moses H. 
Cone Memorial Hospital certified as a true copy 
by the North Carolina Medical Care Commission.

(I) Letter of transmission of license to the Wesley 
Long Community Hospital certified as a true copy 
by the North Carolina Medical Care Commission.

(J) Certificate of license for hospitals in North Caro­
lina certified as a true copy by the North Carolina 
Medical Care Commission.

(K) Guilford County tax schedule certified as a true 
copy by the Assistant Tax Supervisor of Guilford 
County.

(L) City of Greensboro tax rate certified as a true copy 
by the City Tax Collector.

(M) Brochure entitled “A Program In Nursing Edu­
cation At The Woman’s College Of North Caro­
lina” published by the Woman’s College of North 
Carolina.

(N) The Bulletin of the Woman’s College of the Uni­
versity of North Carolina, 1961-1962, published by 
the Woman’s College of North Carolina.

(O) The Catalogue of the Agricultural and Technical 
College of North Carolina, 1961-1962, published by 
the Agricultural and Technical College of North 
Carolina.

Plaintiffs’ Motion for Preliminary Injunction



71a

3. The issuance of a preliminary injunction herein will 
not cause undue inconvenience or loss to defendants but will 
prevent irreparable injury to plaintiffs.

Respectfully submitted,

Conrad 0 . P earson 
203% East Chapel Hill Street 

Durham, North Carolina

J ack Greenberg 
J ames M. Nabrit, III 
Michael Meltsner 

10 Columbus Circle 
New York 19, New York

Attorneys for Plaintiffs

Plaintiffs’ Motion for Preliminary Injunction



72a

Motion for Summary Judgment by Plaintiffs

(Filed: May 4, 1962)

Plaintiffs move this Court as follows:

1. that it enter, pursuant to Rule 56 of the Federal Rules 
of Civil Procedure, a Summary Judgment in plaintiffs’ 
favor for the relief demanded in the complaint on the 
ground that there is no genuine issue as to any material 
fact and that plaintiff is entitled to a judgment as a matter 
of law; or in the alternative pursuant to Rule 56(d) of the 
Federal Rules of Civil Procedure;

2. if Summary Judgment is not rendered in plaintiffs’ 
favor upon the whole case or for all the relief asked and 
a trial is necessary, that the Court, at the hearing on the 
motion, by examining the pleadings and the evidence before 
it and by interrogating counsel, ascertain what material 
facts are actually and in good faith controverted, and there­
upon make an order specifying the facts that appear with­
out substantial controversy and directing such further pro­
ceedings in the action as are just;

3. this motion is based upon:

A. The duly sworn and notarized affidavits of
(a) George C. Simkins, Jr.
(b) A. V. Blount, Jr.

(c) Walter J. Hughes

(d) Norman N. Jones

(e) Girardeau Alexander

( f ) Milton H. Barnes

(g) W .L .T . Miller



73a

(h) E. C. Noel, III

(i) F. E. Davis

(j) A. J. Taylor
(k) Donald E. Lyons

(l) Barbara Wise

attached hereto.
B. Documentary evidence previously filed in this case.

C. Documentary evidence attached hereto:
(a) Project application NC-86 certified as a true 

copy by the Department of Health, Education 
and Welfare

(b) Project application NC-311 certified as a true 
copy by the Department of Health, Education 
and Welfare

(c) Project application NC-353 certified as a true 
copy by the Department of Health, Education 
and Welfare

(d) Project application NC-358 certified as a true 
copy by the Department of Health, Education 
and Welfare

(e) Project application NC-330 certified as a true 
copy by the Department of Health, Education 
and Welfare

(f) Rules and Regulations for hospital licensure 
in North Carolina, certified as a true copy by 
the North Carolina Medical Care Commission.

(g) Sections of the North Carolina State Plan as 
promulgated by the North Carolina Medical

Motion for Summary Judgment by Plaintiffs



74a

Care Commission and certified as true copies 
by the North Carolina Medical Care Commis­
sion.

(h) Letter of transmission of license to the Moses 
H. Cone Memorial Hospital certified as a true 
copy by the North Carolina Medical Care Com­
mission.

(i) Letter of transmission of license to the Wesley 
Long Community Hospital certified as a true 
copy by the North Carolina Medical Care Com­
mission.

(j) Certificate of license for hospitals in North 
Carolina certified as a true copy by the North 
Carolina Medical Care Commission.

(k) Guilford County tax schedule certified as a 
true copy by the Assistant Tax Supervisor of 
Guilford County.

(l) City of Greensboro tax rate certified as a true 
copy by the City Tax Collector.

(m) Brochure entitled “A Program In Nursing 
Education At The Woman’s College Of North 
Carolina” published by the Woman’s College 
of North Carolina.

(n) The Bulletin of the Woman’s College of the 
University of. North Carolina, 1961-1962, pub­
lished by the Woman’s College of North Caro­
lina.

(o) The Catalogue of the Agricultural and Tech­
nical College of North Carolina, 1961-1962, 
published by the Agricultural and Technical 
College of North Carolina.

Motion for Summary Judgment by Plaintiffs



75a

D. All pleadings and papers filed in this case.

E. Matters which the Court may properly take ju­
dicial notice.

F. Admissions of defendants.
W herefore, for the foregoing reasons plaintiffs pray that 

■the Motion for Summary Judgment be granted.

Respectfully submitted,

Conrad 0 . P earson 
203% East Chapel Hill Street 

Durham, North Carolina

Jack Greenberg 
J ames M. Nabrit, III 
M ichael Meltsner 

10 Columbus Circle 
New York 19, New York

Attorneys for Plaintiffs

Motion for Summary Judgment by Plaintiffs



76a

(Filed: May 4, 1962)

George C. Simkins, Jr., being first duly sworn, deposes 
and says:

that he is a Negro citizen of the United States and the 
State of North Carolina, and a resident of the City of 
Greensboro, North Carolina;

that he is a graduate of the Meharry Medical College 
holding the degree of D.D.S. and interned for one year at 
the Jersey City Medical Center, Jersey City, New Jersey, 
and has had five years of experience with the Guilford 
County Health Department;

that he is a dentist licensed to practice in the State of 
North Carolina, and that he practices as a dentist in Greens­
boro, North Carolina, and has so practiced for the past 
twelve years;

that on or about March 8, 1960, he wrote to Benjamin 
Cone, Chairman of the Board of Trustees of the Moses H. 
Cone Hospital, calling his attention to the hospital policy 
of not admitting Negro physicians and dentists to practice 
their profession on the staff of the hospital. His letter 
pointed out that as a result of this restrictive policy, a 
Negro patient in need of facilities available at the hospital 
must discharge the qualified Negro doctor or dentist of his 
choice in order to secure medical services at the hospital, 
thereby placing both Negro doctor and patient at a disad­
vantage not imposed upon white doctors and patients. 
Said letter requested an “ early and favorable considera­
tion” be given to the problem of staff restriction on the 
basis of race and color at the Moses H. Cone Hospital;

Affidavit of Dr. George C. Simkins, Jr. in
Opposition to Motion to Dismiss



77a

that on or about April 7, 1960, he wrote Harold Bettis, 
Director of the Moses H. Cone Hospital, requesting appli­
cation blanks for admission to the staff of the hospital; 
that he completed said blank in the required form and 
promptly returned it to the hospital;
■ ■ that on or about May 4, 1960, the Board of Trustees of 
the Cone Hospital declined to accept the application;

that on the stationery of the Moses H. Cone Hospital, 
over the signature of Harold Bettis, Director of the Moses 
H. Cone Hospital, dated May 5, 1960, he received the fol­
lowing letter:

“Please be advised that your request for appoint­
ment to the Medical and Dental staff of this Hospital 
was considered by the Board of Trustees at its meet­
ing on May 4, 1960.

“The Trustees have instructed me to inform you of 
this decision to continue the Hospital’s present policies 
applicable to staff appointments and admission of pa­
tients” ;

that rejection of the application was due to the hospital’s 
practice of discriminating as to staff admission on the basis 
of race;

that on or about March 8, 1960, he wrote Mose Kiser, 
Chairman of the Board of Trustees of the Wesley Long 
Community Hospital, calling his attention to the policy of 
the hospital of refusing admission to Negro physicians and 
dentists on the staff of the Wesley Long Hospital; that on 
April 7, 1960, he wrote A. O. Smith, Administrator of the 
Wesley Long Community Hospital, requesting application 
blanks for admission to the staff of the Wesley Long Hos­
pital ;

Affidavit of Dr. George C. Simkins, Jr., in Opposition
to Motion to Dismiss



78a

that by letter under date of April 26, 1960, Smith ac­
knowledged receipt of the request for application blanks 
and advised that “due consideration” would be given to 
the request prior to the time of the opening of the new 
Wesley Long Hospital;

that the new Wesley Long Hospital is open and occupied 
and the request has not yet been honered; and that it has 
not been honored because it is the practice of the Wesley 
Long Community Hospital to exclude Negro physicians and 
dentists from the medical staff of said hospital;

that Donald R. Lyons, a Negro, and a resident of Greens­
boro, North Carolina, is a patient of affiant; that Donald 
R. Lyons suffers from an impacted lower third molar which 
should be removed at a hospital where dental facilities are 
available;

that the Wesley Long Community Hospital and the Moses 
Cone Memorial Hospital are the only hospitals with dental 
facilities in the Greensboro area;

that he has obtained from the Moses H. Cone Memorial 
Hospital the resolution, attached hereto as Exhibit A, of the 
Board of Trustees of the Moses H. Cone Memorial Hospital 
entitled “ Policy and Procedures for Admitting Negro Pa­
tients” and knows the attached to be a true copy of same; 
that a Negro patient admitted to the Moses H. Cone Me­
morial Hospital cannot be treated by a Negro doctor or 
dentist, but must discharge the qualified Negro doctor or 
dentist of his choice and obtain the services of a white doc­
tor or dentist;

that because of the policy of the Moses H. Cone Memo­
rial Hospital and the Wesley Long Community Hospital

Affidavit of Dr. George C. Simkins, Jr., in Opposition
to Motion to Dismiss



79a

Affidavit of Dr. George C. Simkins, Jr., in Opposition 
to Motion to Dismiss

of refusing to grant staff privileges to Negro dentists, he 
suffers and will suffer continued financial loss, including 
loss of earnings and deprivation of the opportunity to de­
velop and maintain the skills necessary for continued pro­
ficiency in the dental profession.

George C. Simkins, Jr.

Sworn to before me this ..............  day
o f .....................................> 1962.

Notary Public



80a

EXHIBIT A ANNEXED TO AFFIDAVIT OF 
DR. GEORGE C. SIMKINS, JR.

Policy and Procedures for Admitting Negro Patients 
Adopted by the Board of Trustees 12/11/52

The Moses H. Cone Memorial Hospital will admit as 
patients Negroes whose medical conditions require facil­
ities and services available at this Hospital and not also 
available in L. Richardson Memorial Hospital. To be con­
sidered for admission, a Negro must first have been ad­
mitted to and be a patient in L. Richardson Memorial Hos­
pital from which transfer will be made to this Hospital. 
To insure continuity of medical management, the patient 
will be admitted only to the service of the doctor on whose 
service he is a patient in L. Richardson Memorial Hospital.

Request for transfer from L. Richardson Memorial Hos­
pital to this Hospital is to be made to the Admitting 
Office by the Negro patient’s physician. Only a physician 
who is a member of the Staffs of both hospitals may make 
such request. Approval to make such request must first be 
obtained from the Administrator of L. Richardson Memo­
rial Hospital. Except in extreme emergency, request may 
be made only after the history and physical examination 
of the patient have been completed and recorded and all 
necessary diagnostic procedures for which facilities are 
available at L. Richardson Memorial Hospital have been 
carried out.

Amended as follows by the Board of Trustees, February 
25,1960

In cases where in the judgment of the attending physician 
hospitalization is required primarily for studies or treat­
ment, facilities for which are not available at L. Richard­
son Hospital, direct admission to Moses Cone Hospital may 
be arranged with the prior approval of the Administrator 
of L. Richardson Hospital, provided final authority to ap­
prove such admissions rests with the Admitting Office of 
the Moses H. Cone Memorial Hospital.



81a

Affidavit of Dr. E. C. Noel, III in Opposition 
to Motion to Dismiss

(Filed May 4, 1962)

State of North Carolina,
C o u n t y  o f  G u il f o r d , s s .  :

■ E. C. Noel, III, being first duly sworn, deposes and says:

that he is a Negro citizen of the United States and the 
State of North Carolina, and a resident of the City of 
Greensboro, North Carolina;

that he is a graduate of the Meharry Medical College, 
holding the degree of M.D.; that he interned for one year 
at the Lincoln Hospital, Durham, North Carolina, and 
completed one year’s residency in obstetrics and gynecology 
at the United States Air Force Hospital, Orlando, Florida ; 
that he practiced medicine in Albemarle, North Carolina, 
nine years and has practiced medicine in Greensboro, North 
Carolina, one year; that he is licensed to practice medicine 
in the State of North Carolina;

that on or about April 7, 1960, he wrote Harold Bettis, 
Director of the Moses H. Cone Hospital, requesting ap­
plication blanks for admission to the staff of the hospital; 
that he completed said blank in the required form and 
properly returned it to the hospital;

that on or about May 4, 1960, the Board of Trustees of 
the Cone Hospital denied the application;

that on the stationery of the Moses H. Cone Hospital, 
over the signature of Harold Bettis, Director of the Moses 
H. Cone Memorial Hospital, dated May 5, 1960, he received 
the following letter:



82a

“Please be advised that your request for appoint­
ment to the Medical and Dental staff of this Hospital 
was considered by the Board of Trustees at its meet­
ing on May 4, 1960.

“ The Trustees have instructed me to inform you of 
this decision to continue the Hospital’s present policies 
applicable to staff appointments and admission of pa­
tients” ;

that rejection of the application was due to the hospital’s 
practice of discriminating as to staff admission on the basis 
of race; that a Negro patient admitted to the Moses H. 
Cone Memorial Hospital cannot obtain treatment from 
the qualified Negro doctor of his choice, but must discharge 
his Negro doctor and obtain the services of a white doctor;

that A. J. Taylor is a Negro and a resident of Greens­
boro, North Carolina; that A. J. Taylor is a patient of 
affiant and suffers from a confirmed gastric ulcer of thirty- 
five years duration which requires constant medical super­
vision, dietary restrictions, and the administration of anti­
cholinergic drugs; that because of this condition, A. J. 
Taylor should submit himself for periodic clinical evalua­
tion which should include detailed diagnostic X-ray studies, 
laboratory procedures and tests of such a nature as to re­
quire the most advanced diagnostic facilities available; 
that the best facilities for such examination and treatment 
available in the Greensboro area are located at the Moses 
H. Cone Memorial Hospital and the Wesley Long Com­
munity Hospital; that A. J. Taylor desires such treatment 
and examination and desires that affiant, who is his family 
physician, should administer such treatment and examina­
tion;

Affidavit of Dr. E. C. Noel, III in Opposition to
Motion to Dismiss



83a

that A. J. Taylor cannot obtain such treatment and 
examination at the Wesley Long Community Hospital be­
cause the Wesley Long Hospital excludes Negroes and 
only accepts as patients white persons and that the Wesley 
Long Hospital does not admit Negro physicians and den­
tists to staff privileges;

that because of the policy of the Moses H. Cone Memorial 
Hospital and the Wesley Long Community Hospital of 
refusing to grant staff privileges to Negro physicians, he 
suffers and will suffer continued financial loss, including 
loss of earnings and deprivation of the opportunity to de­
velop and maintain the skills necessary for continued pro­
ficiency in the medical profession;

that Negro patients cannot enter the Moses H. Cone 
Memorial Hospital on the same terms as white persons 
and, if admitted, cannot be treated by their own physicians 
and dentists, but must retain a white physician or dentist.

Affidavit of Dr. E. C. Noel, III in Opposition to
Motion to Dismiss

E. C. Noel, III

Sworn to before me th is.......day o f ....................... , 1962.

Notary Public



84a

Affidavit of Dr. A. V. Blount, Jr. in Opposition 
to Motion to Dismiss

(Filed May 4, 1962)

State of North Carolina,
County of Guilford, s s . :

A. V. Blount, being first duly sworn, deposes and says:

that he is a Negro and a citizen of the United States and 
the State of North Carolina and has resided in the City of 
Greensboro for nine years;

that he is a graduate of Howard University, holding the 
degree of M.D.; that he interned for one year at the Kate 
Biting Hospital in Winston Salem, North Carolina, and 
did three years residency work at the Kate Biting Hospital, 
Winston Salem, North Carolina; that he has spent thirty- 
four months in the United States Army practicing general 
surgery; that he is a member of the American Association 
of Abdominal Surgeons; that he has been licensed to prac­
tice medicine in the State of North Carolina and that he 
has practiced medicine in Greensboro, North Carolina for 
nine years;

that on or about April 7, 1960, he wrote Harold Bettis, 
Director of the Moses H. Cone Hospital, requesting ap­
plication blanks for admission to the staff of the hosjjital; 
that he completed said blank in the required form and 
promptly returned it to the hospital;

that on or about May 4, 1960, the Board of Trustees of 
the Cone Hospital declined to accept the application;

that on the stationery of the Moses H. Cone Memorial 
Hospital, over the signature of Harold Bettis, Director of 
the Moses H. Cone Memorial Hospital, dated May 5, 1960, 
he received the following letter:



85a

“ Please be advised that your request for appoint­
ment to the Medical and Dental staff of this Hospital 
was considered by the Board of Trustees at its meet­
ing on May 4, 1960.

“The Trustees have instructed me to inform you of 
this decision to continue the Hospital’s present policies 
applicable to staff appointments and admission of pa­
tients” ;

that rejection of the application was due to the hospital’s 
practice of discriminating as to staff admission on the basis 
of race; that a Negro patient admitted to the Moses H. 
Cone Memorial Hospital cannot obtain treatment from the 
qualified Negro doctor of his choice, but must discharge 
his Negro doctor and obtain the services of a white doctor;

that on April 7, 1960, he wrote A. 0. Smith, Administra­
tor of the Wesley Long Community Hospital, requesting 
application blanks for admission to the staff of the Wesley 
Long Hospital;

that by letter under date of April 26, 1960, Smith ac­
knowledged receipt of the request for application blanks 
and advised that “ due consideration” would be given to the 
request prior to the time of the opening of the new Wesley 
Long Hospital;

that the new Wesley Long Hospital is open and occupied 
and the request has not yet been honored; and that it has 
not been honored because it is the practice of the Wesley 
Long Community Hospital to exclude Negro physicians and 
dentists from the medical staff of said hospital;

that because of the policy of the Moses H. Cone Memorial 
Hospital and the Wesley Long Community Hospital of

Affidavit of Dr. A. V. Blount, Jr. in Opposition to
Motion to Dismiss



86a

Affidavit of Dr. A. V. Blount, Jr. in Opposition to 
Motion to Dismiss

refusing to grant staff privileges to Negro doctors, he 
suffers and will suffer continued financial loss, including 
loss of earnings and deprivation of the opportunity to de­
velop and maintain the skills necessary for continued pro­
ficiency in the medical profession.

A. y . Blount, Jr.

Sworn to before me this....... day o f ......................, 1962.

Notary Public



87a

Affidavit of A. J. Taylor in Opposition to Motion
to Dismiss

(Filed May 4, 1962)

State oe North Carolina,
County of Guilford, s s . :

■ A. J. Taylor, being first duly sworn, deposes and says:
that lie is a Negro and a citizen of the United States and 

the State of North Carolina and has resided in Greensboro, 
North Carolina, for the last thirty-one years;

that he suffers from a confirmed gastric ulcer which he 
has had for thirty-five years and he is informed by his 
family physician, Dr. E. C. Noel, III, that his ulcer re­
quires constant medical supervision, dietary restrictions 
and anticholinergic drugs; that he has been advised to have 
periodic clinical evaluations and visits of such a nature as 
to involve advanced diagnostic facilities;

that he is informed that the best facilities available for 
such treatment in the Greensboro area are located at the 
Moses H. Cone Memorial Hospital and the Wesley Long- 
Community Hospital; that he desires treatment in one of 
these hospitals and desires to be treated by his family 
physician, Dr. E. C. Noel, III;

that affiant cannot enter the Wesley Long Community 
Hospital because the Wesley Long Community Hospital 
does not admit Negroes as patients; that affiant cannot 
enter the Moses H. Cone Memorial Hospital on the same 
terms and conditions as white persons because the Moses 
H. Cone Memorial Hospital does not admit Negro patients 
on the same terms and conditions as white patients, but 
only admits a limited number of Negroes; that he cannot



88a

Affidavit of A. J. Taylor in Opposition to 
Motion to Dismiss

be treated by Dr. E. C. Noel, III, at either of these hospitals 
because said hospitals do not grant staff privileges to Negro 
doctors.

A. J. Taylor

Sworn to before me this.......day o f ............ ........1962.

Notary Public



89a

(Filed May 4, 1962)

State of North Carolina,
County of Guilford, s s . :

■. Donald R. Lyons, being first duly sworn, deposes and 
says:

that he is a Negro and a citizen of the United States and 
the State of North Carolina, and has resided in Greens­
boro, North Carolina, for the last nine months;

that he suffers from an impacted lower third molar and 
desires it removed at the hospital with the best dental 
facilities in Greensboro, North Carolina; that he is in­
formed that the Wesley Long Community Hospital and 
the Moses H. Cone Memorial Hospital are the only hos­
pitals in the Greensboro area with dental facilities; that 
he desires to have this impacted lower third molar removed 
by his dentist, Dr. George C. Simkins, Jr., in either the 
Moses H. Cone Memorial Hospital or the Wesley Long 
Community Hospital;

that he cannot gain admission to the Wesley Long Com­
munity Hospital because the Wesley Long Community Hos­
pital excludes Negroes as patients; that he cannot gain 
admission to the Moses H. Cone Memorial Hospital on 
the same terms and conditions as white persons because 
the Moses H. Cone Memorial Hospital does not admit 
Negroes on the same basis as whites, but only admits a 
limited number of Negroes as patients; that he cannot be 
treated by Dr. George C. Simkins, Jr., at either of these

Affidavit of Donald R. Lyons in Opposition to
Motion to Dismiss



90a

Affidavit of Donald B. Lyons in Opposition to 
Motion to Dismiss

hospitals because said hospitals do not grant staff privi­
leges to Negro doctors.

Donald R. Lyons

Sworn to before me this..... day o f ......................, 1962.

Notary Public



91a

(Filed May 4, 1962)

Affidavit of Barbara Wise in Opposition to
Motion to Dismiss

State of North Carolina,
County of Guilford, s s . :

■ ■ Barbara Wise, being first duly sworn, deposes and says:
that I am a senior nursing student at the Agricultural 

and Technical College of North Carolina and receive stu­
dent and nurse training at the Moses H. Cone Memorial 
Hospital in Greensboro, North Carolina;

that my typical training day at the Moses H. Cone Memo­
rial Hospital is as follows:

7 :00 A.M.—Hearing Nurse’s Report—Entire nursing 
team, including head nurse, practical nurses, aides, clinical 
instructor and student nurses, meets to learn of patients’ 
conditions and care to be given. I am also assigned patients 
for the day;

7 :15 A.M.—I take my patients temperature, pulse and 
respiration and give the necessary medications which have 
been ordered;

7 :30 A.M.—I prepare my patients for breakfast. Usually 
I have three patients. This preparation includes making 
the bed and giving personal care to the patients. Personal 
care includes giving bed baths;

8 :00 A.M.—At this time I usually chart any information 
about the patient’s condition on the patient’s record;

8 :30 A.M.—Until about 10:30 A.M. I may assist the doc­
tor with any treatments which he may give or administer 
any treatments which he has prescribed for the patients on 
the wards;



92a

10:30 A.M.—Until 11:30 A.M. I read my patients charts 
for any additional orders for treatment. I also use this 
time to review my text and compare the patients condition;

11:30 A.M.-11:45 A.M.-—We report the treatments we 
have given to our team leader;

that I train along with other student nurses from the 
Agricultural and Technical College of North Carolina in 
the Moses H. Cone Memorial Hospital Tuesday, Wednes­
day and Thursday of every week from 7 :00 A.M. to 12:00 
noon and on Fridays from 7 :00 A.M. to 3 :00 P.M.;

that about twenty student nurses work in the Hospital at 
the same time;

that I do not receive a salary for this work;

that part of our training is in operating room techniques;

that we are given an opportunity to work in the operating 
room in order to assist graduate nurses and the surgeons;

that we may act as scrub nurse or circulating nurse dur­
ing the operation;

that while working at the Cone Hospital I am assigned 
various patients on the basis of the illnesses that I am 
studying in class;

that while treating these patients I must report to my 
team leader everything I do for these patients.

Affidavit of Barbara Wise in Opposition to
Motion to Dismiss

Barbara Wise
Sworn to before me this___  day o f .........................., 1962.

Notary Public



v v--i 
. 6 - , \ DEPARTMENT OF

HEAL EDUCATION, AND WELFARE 
P U B L I C  H E A L T H  S E R V I C E

Form'A pproved
Budget Bureau No. 68-R309.4

'PROJECT CONSTRUCTION
APPUCATI Oil -■ PART I

P R O JE C T NUMBER ( A s s i g n e d  b y  S t a t e  A g e n c y )

iCC-311 ■
The apf,: icant, pursuant to T i t l e  VI of the public health Service Act, as amended, hereby applies 
from the construction allotment made to the State by the Surgeon General for construction of, or 
with, the f a c i l i ty  described below.

for Federal funds 
r i n connect ion

. 2 .  LEGAL NAME OF A P P L IC A N T

V.’ecley  Lons Cccaunity Hrrv.ital
3 . AD DR E S r C C f f y ^ o u n  t y  and Stat&J"

Greensboro5 Guilford, north Carol:
A. TYPE OF OWNERSHIP (C h eck  o n e ) !__i PUBLICLY OWNED

NON-PROFIT ("See i n s t r u c t i o n *  as t o  s u b m i t t in g  p r o o f . )  \ S 0 ' 3  £VouFlCilCCl E l i l l i b i t )

s. DESCRIPTION OF FACILITY

A, NAME AND LOCATION^' FACILITY
Wesloy Lons ^oasnmity Iloaoit Gr : - r o ,  l l o r t i h  ' C a r o l i n a

5. TYPE OF FACILITY
( Check  e a ch  ty p e  o f  

p r o j e c , t  p r o p o s e d )

IX I GENERAL HOSPITAL

I |TUBERCULOSIS 
—  HOSPITAL

C j  MENTAL HOSPITAL

i__| PUBLIC HEALTH CENTER

□  RELATED FACILITY

i |NURSING HOME

|~j DIAGNOSTIC OR DIAGNOSTIC 
—  AND TREATMENT CENTER '

□  CHRONIC DISEASE HOSPITAL C j  REHABILITATION FAC ILI TY

23 ©nt ?S~bed
ractura to ba—

repl.

TY ( P a t i e n t  beds  o n l y )

Existing beds
GENERAL TUBERCULOSIS MENTAL CHRONIC n u r s i n g  home

'
■ Suitable

. Unsui table 7 b
provided by construction

New faci1i ty 1 5 0
Add i t ion
Alteration

Total suitable after construction 1 5 0
Total unsuitable afterconstruct ion ~ ~ 7 3 ~
DESCRIPTION OF THE FACILITY -  Attach

S e s E x h i b i t  " A "  '
sheet, using outl ine shown in instruct ic ns

6■ HLa— LLlWcer ta i n persons ( C r o s s  o u t  o rw ) in the area w i l l  fee denied admission to the proposed f a c i l i t i e s  
because of race,  creed or co lor .

as patients

7 .  HAS A P P L IC A N T  ACQUIRED TH E S I T E ?

YES □  NO

8 , PRELIM I MAR VEST I HATES OF COHSTRUCTSOfi COSTS ( Bo m r  f i l l  in  i f  P e r t  4 i s  s u b m i t t e d  h e r e w i t h . )  ' ~  '

I ^ f ^ ° s ts . f sj ! ? a! ? ^ ? ^ J te,T,i zed.b?low should be the total costs of the construction for'which this appl ication is sub-
mitted. |f the application requests funds for the construction of two; or more of the five types of projects  fas 1
thBl r^^®nG,ft®ra1QknSJ ru<i S !0l1f^ L°a which.Federa! funds are allotted,  the costs of each project must be itemized o the Continuation Sheet and attached to this application, u

i st-  
on

A. ESTIMATED COSTS IN WHICH THE FEDERAL GOVERNMENT MAY PARTICIPATE ' ESTIMATED COSTS

i l l Construction contracts $ 1 * 8 5 5 , 5 6 8 . 8 1
( 2) Group i equipment not i n construct ion contracts

i l l Groups || and m  Equipment 2 0 7 * 0 0 0 , 0 0
S u l Site survey and soil investigation
i n Architect’ s fees
(6 ) Supervision and inspection at the site
(7) Acquisition of site ( E n t e r  c o s t  h e r e  i f  f o r  P u b l i c  H e a l t h  C e n t e r  s i t e )

(8 ) o t h e r  ( S p e c i f y ) ....  C o n t i n g e n c y  ( i n c l u d i n g  a l l  a n p r o v a b l e  i t e m s  n o t 6 2 . 4 7 7 . 0 7
. . - __ U l s t e d  above; J ___________

(9) — — —— ..... ............................................... .......  SUB-TOTAI

s 2 * 2 5 0 * 0 0 0 * 0 0
( 10) Total cost in which the Federal government is requested to participate

B. ESTIMATED
( 1)

COSTS IN WHICH THE FEDERAL GOVERNMENT HAY NOT PARTICIPATE 
Acqu1 sit  ion of site ■ $ ~  o  -

( 2) 01 h6 f ( S p e d  f y )

(3) ------:------— .------------- _ ■ SUB-TOTAI $ -  0  -
C. ESTIMATED COST OF CONSTRUCTION [item A ( 9 )  p l u s  I t e m  B ( 3 ) J  TOTAL s 2 , 2 5 0 , 0 0 0 . 0 0



93a

Project Construction Application— Part 1



94a

Project Construction Application—Part 1

(See opposite)



9■ NON-FEDERAL CONSTRUCTION FUNDS AVAILABLE TO APPLICANT ( D o  NOT f i l l  i n  i f  p a r t  2 i s  s u b m i t t e d  h e r e w i t h . )  

A. ,NDS NOW AVAILABLE IN CASH OR OTHER LIQUID ASSETS ( p a r t  2  s u b m i t t e d  h e r e w i t h )

C. STATE AID ( D o  NOT f i l l  i n  i f  S t a t e  i s  a p p l i c a n t . )

D. TOTAL' A ( S )  p l u s  B ( 6 )  p l u s  CJ

AMOUNT

( 1) Cash . $
( 2 ) Appropriat ion >

(3) Negotiable and non-negot i able securities
(4) Other ( S p e c i f y )

_________  -• ____  ____
_ ‘ y ‘ \ O  , i * 3

• 1 . . . .

(5) SUB-TOTAL $
SE AND ESTIMATED AMOUNT OF ADDITIONAL NON-FEDEflAL FUNDS .. \ .\ \

(1 ) T ax levy - A -  ~ ' $
(2 ) pledges

(?) Mortgage

(4) Bonds

151 Other ( S p e c i f y )

1 °L SUB-TOTAL $

TOTAL

10. PRELIMINARY F* S HANG tAL ANALYSIS (& o  NOT f i l l  i n  i f  p a r t  4 i s  s u b m i t t e d  h e r e w i t h . )

A. FEDERAL SHARE OF ESTIMATED COSTS ( F r o m  i t e m  1 4G )___________________________________________
B. STATE AiD TO BE FURNISHED ( I f  &ny) ( I t p m  9 - C  a b o v e )

C. APPLICANT*^ SHArF~oF c OST | / t « «  S ^ cT m in u s  ( I t e m  1 0 - A  p l u s  I t e m T o - f l )  |

D. TOTAL ESTIMATED FUNDS REQUIRED • TOTAL

l..2*50o*o;,CL,,eO'

ŜOvQOOwOO-

I ! .  HAIHTENAHCE AND OPERATION

A. ESTIMATED COST OF OPERATING AND MAINTAINING THE TOTAL FACILITY

1 S T  YEAR OF 
O P E R A TIO N

2n d  y e a r  o f  
O P E R A T IO N

s i  1k'7o „ ? o h . y ? $ 1 . 7? ^ . n 4Q . n o
B. ESTIMATED INCOME $ 1  t 7Q < %  8 6 7 . ^ 6
C. ESTIMATED DEFICIT. IF ANY $ _  -  6  - $ "  Q -

D. STATE THE METHOD OF RAISING FUNDS TO MEET ANY OPERATING DEFl'ciT SHOWN ABOVE. GIVE SOURCE OF FUNDS. 
( A t t a c h  a d d i t i o n a l  s h e e t s  i f  n e c e s s a r y * )

PH S -  6 2 -1
REV .  6 - 5 5 • 2 -.



95a

5



96a

Project Construction Application—Part 1

(See opposite) EiF”



* , -  ^
1 THE -LICANT HEREBY AGREES THAT 'INTENDS TO PROCEED 

WITH i,HE PROJECT AND WILL FURNISH.

A. Satisfactory evidence of financial resources to con­
struct,  operate and maintain the fa c i l i ty .

B. A survey and description of the site.

C. plans and specifications in accordance with the regula- 
t i oris.

D. l i s t s  of Group I equipment not in the construction 
contract or contracts and Groups j l and i l l  equipment.

2-3- THE APPLICANT HEREBY GIVES ASSURANCE TO THE STATE 
AGE ICY:

A. ThaJ actual construction work wil l  be performed by the j 
lump sum (fixed price) contr z\ at hod, 'that adequate i 
methods of obtaining competitive bidding wi l l  be or I 
have been employed prior  to awarding the construction 
contract, either by pub 1 ic advertising or circular iz ing 
three or more bidders, and that the award of the con­
tract wil l  be or has been made to the responsible bid­
der submitting the lowest acceptable bid;

8 . That section 2, labor Standards (Form PHS-144 as re­
vised) wi l l  be included in al l  construction contracts 
in excess of $2 , 000 ; that construction contracts in 
excess of $2,000  w i l l  prescribe the minimum rates of 
pay for laborers and mechanics engaged in the con­
struction of the project as determined by the Secre­
tary of- labor in accordance with the Davis-Bacon Act,
4 9 Stat.  1011, as ammended, and the regulations issued 
pursuant. thereto by the Secretary of labor;

C. That all  construct ion contracts regard 1 ess- of amount 
wi l l  include paragraph 8 , section 2, tabor Standards 
(form PHS-144 as revised) relating to kickbacks;

D. That the project wil l  not be advertised or placed on 
the market forbidding until the final working drawings 
and specifications have been approved by the Surgeon 
General and the applicant has been so notified;

E. That ho con/ get ion contract or contracts for  the 
project or a ^art thereof,  the cost of which is in 
excess of the estimated cost approved in the applica­
tion for that portion of the work covered by the plans, 
w il l  be entered into without the prior approval of the 
Surgeon General;

F. That the construction contract wi l l  require the'Con- 
tractor to furnish performance and payment bonds, the 
amount of which shall  each be in an amount not less 
than f i f t y  percentum (50%) of /he contract price,  and 
to maintain during .the l i f e  of the contract adequate 
f i r s ,  workmen'seompensation, public 1 l a b i l i t y  and 
property damage insurance;

G. That any change or changes in the contract which (a) ,  
makes any major alteration in the work required by the 
plans and specifications,  or (b) raises the total con­
tract price over the approved estimate of cost of the 
work covered by the plans and specifications w i l l  be 
submitted to the Surgeon General for prior  approval;

H. That the construction contract wi l l  provide that the 
Surgeon General,  the State Agency and the i r  repre­
sentatives wi l l  have access at al l  times to the work 
wherever it  is in preparation or progress and that the 
co n tra c to r - w i l l  provide proper f a c i l i t i e s  for  such 
access and inspection;

i. That the applicant wil l  provide and maintain competent 
and adequate architectural  or engineering supervision 
and inspection at the project to insure-that the com­
pleted work conforms with the approved plans and 
spec i f icat ions;

J - That, when the project is completed, it wi l l  be operat­
ed and maintained in accordance with minimum standards 
prescribed by the State Agency for the maintenance and 
operation of such fa c i l i t ies ;

K. That the f a c i l i t y  wil l  provide a reasonable volume of 
free patient care. (See instructions.)

l p p 2>0¥SSl? ’ j", fi ?,>j

< " }
*7' v o

Frank Raider, M.D., D.P.H. 
Hospital Program Director 
KEv"a 'rHS, Region III

' // ' /  a a
S T A T U R E  $>F RES PONSIB LE  O F F IC E R

LEGAL NAME OF A P P L IC A N T

we-sley Long Csrrjunity Hospit?1 Inc,

NAME OF R ESPO NSIB LE O F F I C E R  (T y p e  o r  p r i n t )

Kose Kiser

T I T L E  OF O FFICER

Chairman^ Board of Trustees

PH S *  6 2- !
REV.  6 - 5 5 - 3 -



97a

t



Project Construction Application—Part 1

(See opposite) BSP



NOTE TO APPLICANT -  DO HOT FILL . I N ;THIS PAGE

14. THE STATE AGENCY CERTIFIES THAT: -  ^5
A. This application is in conformity with the regulations and the approved State Rlarw'

Voluntary N o n p r o f i t  | nstitut.ion-
B. The application is for a

(Check one) j__j publ icly-owned institution

C. ( C h e c k  o n e )  • ... ■  ̂ T ■
The applicant's project is included in the highest pr io r i t y  group and is or wil l  be included in the project 

*—J  ■ Construction Schedule.

b j
The applicant's project is included in the project Construction Schedule submitted to the public Health 

Service.

Q* ( C h e c k  o n e )

t__, The applicant has given adequate assurance that the f a c i l i t y  wi l l  be operated without discrimination
I— i because of race, creed or color.

The requirement of non-discrimination has been met because this is an area where separate f a c i l i t i e s  are 
£— I provided for separate population groups and the State plan otherwise makes equitable provision, on the

basis of need, for f a c i l i t ie s  and services of l ike quality for each such population group in the area.

E. ( C h e c k

&
o n e  )

The applicant has given assurance that a reasonable volume of free patient care will  
proposed fac i l i ty .

be provided in the

The applicant has demonstrated to the satisfaction of the State Agency that a reasonable vol ume of free 
□  patient care is f inancial ly  infeasible, and in support thereof the State Agency submits the attached data.

F. The applicant’ s representative whose signature appears above has been duly authorized to make the commitments 
contained in this application as is evidenced by the certi fied copy of authorization made by the appl icant 's 
governing body and which is contained in the f i les of the State Agency.

G. The Federal share for this project ( i t e m  t o A ) ,  is to be charged to the allotment to the State for fiscal years 
as fol 1 ows:

FISCAL
YEAR

AMOUhT
PART C

H O S P I T A L S  AND 
P U B L IC  H EA LTH  

C EN TER S

PART G

CHRONIC  D IS E A S E  
H O S P ITA L

D I A G N O S T I C  OR 
D I A G N O S T I C  AND 

TREA TMEN T 
CENTER

NU RSIN G HOME
R E H A B !L I  T A T ? O N  

F A C I L I T Y

1 9 5 9 1 , 5 0 0 . 0 0 0

H. |n accordance with the approved State plan, the 
Federal share for this project is; PART c. f £  2 / g  .. percent, PART G___________percent.

DATE O F F I C I A L  NAME OF S T A T E  AGENCY

a " - IJorth Carolina Kedical CL .re Cc LOB
S IG N A T U R E  O F R E S P O NS IB LE  OFFICE/*

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T I T L E  OF O F F I C E R

Executive secrctary
P H S - 6 2  - 1
REV .  6 - 5 5 -4 GPO • 0 3 6 4 2 3



99a



100a

Project Construction Application—Part 1

(See opposite) US?"



62-
- . 6-5.

PROJECT CONSTRUCTION 
APPLICATION -  FART 4

\RTMENT OF
HEALTH. E. -AT  I ON. AND WELFARE 

P UB t  To H E A L T H  S E R V  I CE

Form Approved
Budget Bureau No. 68-R309.6

PR O JE C T  NO. ( A s s i g n e d  b y  S t  eat<s A g e n c y )f'S't **
2. LEGAL NAM£ OF A P P L IC A N T

■ * -vv-
ADDRESS ( C i t y ,  C ou n ty  end S t a t e )

V* « <■■ • ‘ i '• ».?4 v  $  i -  ̂  w i  w  f

4 . PUNS AND SPECIFICATIONS Four sets of final drawings and specifications upon which bids for construction were or are to
be based, unless previously Submitted, must be forwarded with this part 4

( S ee  i n s t r u c t i o n s  r e g a r d in g  i d e n t i f i c a t i o n )

5. DESCRIPTION OF FACILITY
A. NAME AND LOCATION OF FACILITY

tX Li; Coarounity -»t, :nr..-".c :>o< *th Carolina
B. TYPE OF FACILITY 

(Check each type  o f  
p r o j e c t  propose  d)

y*\ GENERAL HOSPITAL

□  TUBERCULOSIS 
HOSPITAL

j MENTAL HOSPITAL

I I NURSINS HOME

f j  DIAGNOSTIC OR DIAGNOSTIC 
AND TREATMENT CENTER

[~~j CHRONIC DISEASE HOSPITAL |~J REHAB II I T A T  I ON F A C I L I T Y

|__| PUBLIC HEALTH CENTER

|~~| RELATED FACILITY

C. BED CAPACITY ( P a t i e n t  b e d s  o n l y ) GENERAL TUBERCULOSIS MENTAL CHRON1C NURSING HOME

Exist ing beds
Suitable
Unsu i table <ru

provided by construction
New fac i 1i ty
Add it ion
A He rat ion

, Total suitable after construction T!23
Total unsuitable after construct ion |

0. DESCRIBE ANY MAJOR CHANGES IN PROJECT SINCE PART I

Clatb riocr C53 beds) a<Mo£} 3 Lc£s» addecl
6. SUMMARY OF ESTIMATE OF CONSTRUCTION COSTS

The costs estimated and itemized below should be the total costs of the construction for which this application is sub­
mitted. |f the application requests funds for the construction of two or more of the five types of projects (as listed 
in the General instruct ions) for which Federal funds are al lotted,  the costs of each project -must be itemized on the 
Continuation Sheet and attached to this application.

A. ESTIMATED COSTS IN WHICH THE FEDERAL GOVERNMENT MAY PARTICIPATE 
(Attach d e t a i l e d  e s t i m a t e s  f o r  e a c h  o f  t h e  f o i l o w i n g  i t e m s )

( i )  Construction contracts art) •c'dnri'ngehc'y ________________ $ CO
(2 ) Group 1 equipment not i,n construction contracts
(3 ) Group ll and ||| Equipment

t;eo
Ciatosc
Inaido

(4 ) Site survey and soil  i nvest i gat i on
(S') Archi tect 's fees

157tfr30*5»-
(6) Supervision and inspection at the site
(7) Acquisition Of site ( E n t e r  c o s t  h e r e  i f  f o r  P u b l i c  C e n t e r  s i t e )

(8 }  Other ( S p e c i f y )
~ifTcT̂ r •*-

(9) SUB-TOTAL
(10) Total cost in which the Federal government is requested to participate

B. ESTIMATED COSTS IN WHICH FEDERAL GOVERNMENT MAY NOT PARTICIPATE 
( l )  Acquisition of s i t e ,-.
(2 )  Other ( S p e c i f y )

rrerrcrr

w SUB-TOTAL

C. TOTAL ESTIMATED COST OF CONSTRUCTION [ i t e a  A ( 9 )  p l u s  B(3 TOTAL

■-»> - ■ ,p rf- FJ J

7. FINANCIAL AHA LYSIS

A. Federal share of estimated costs
CCS Z/Z1 is f 3^23*725} .1,617,150.00

8. State aid to be furnished ( i f  a n y )

C. Applicant's share of costs | I  tem 6C minus ( TA p l u s i s L
D. Total estimated funds required T  OTA L

~- 7 f ' * ¥ m kT V ~
•4*



101a



102a

Project Construction Application—Part 1

(See opposite) USr'



The fo l l o w in g  is* t o  b e  f i l l e d  in  b y  th e  STATE AGENCY o n l y
aKKUM. Au . ftCHT-The Federal stare for this Project (Item 7A), is to be charged to the allotment to the State for fiscal years as follows:

AMOUffT
FISCAL

YEAR
PART C HOSPITALS i yd 

PUBLIC HEALTH CckTERS
PART G

CHRONIC DISEASE 
HOSPI'TAL

DIAGNOSTIC OR DIAGNOSTIC 
AND TREATMENT CENTER NUR SING HOME

*. |n accordance * it h the approved State plan, the Federal share f  or th ie  p ro ject  ia :

REHABILITATION
F A C I L I T Y

PART C PERCENT.

PART G PERCENT.

HEMraAffOUH OF AGREEMENT made by and between
A. The Surgeon General, public Heal th Serv ice ,

»  n o tic 'd  Core Cir^laci&nB. the_L:

II COKS1DERATI OH OF TfC FOREGO I KG, the p art ies  hereto mu­
tu a l ly  agree as f o i l o w s ;

( l )  THE APPLICANT agrees that it  w i l l  c o n s tr u c t  the 
p ro je c t  o r  cause it to  be constructed to  f in a l  completion 
in accordance with the a p p l i c a t i o n  it  has submitted and 
the plans and s p e c i f i c a t i o n s  attached  th ere to ,_ and w il l

( S t a t e  Ag&ncy T i t l e )
(hereinafter.■- ca lled  the State Agency), and
v i n & l f ?  tor*"* C o . ' -r : t : -r l ty  l*o*yr&fcql,» I r . c »c . ( L e g e T J F ^  o f  A p p l s c a n t )

Of Q T l f j  ̂
(  (  A d d f

KisVih Cm 'clisa
~oT~AppT2canf)~

( h erein a fter ca lled  the Applicant) ,
pursuant to  T i t l e  VI o f  the public Health Service  Act, as 
amended, (h erein a fter  called  the Federal Act) and r e g u la ­
t io n s  thereunder prescribed  by_ the Surgeon General.
THE STATE r'* : " ; __________ has submitted
a State  plan f o r  c o n s t r u c t i o n  o f  p u b l i c  and oth er  non­
p r o f i t  hospita ls  and medical f a c i l i t i e s  the l a t e s t , annual 
r e v i s i o n  o f  which was approved by the, Surgeon General 
under part C o f  the Federal Act on ' “ V  "  ■■JIJsil'eJ]
and under part G o f  the Federal Act on  ̂ -----------------------
TS£ APPUCAKI has submitted an appl i cat rorr for  Federal aid 
in con s tru c t io n  o f  a p r o je c t  under the State plan. This 
a p p l ic a t io n ,  cop ies  or which are held by the State Agency 
and the Surqeon General, meets a l l  the requirements o he

comply s t r i c t l y  with the assurances contained in the ap­
pl icat ion; that it w il l  without delay obtain  bids and en­
te r  into a contract f o r  construction  o f  the p r o je c t ;  that 
the f a c i l i t y  w il l  th e r e a f te r  be maintained and operated 
in accordance with the assurances g iven i n ■ t he a p p l i c a ­
t i o n ;  and that the funds f o r  c o n s t r u c t i o n  w il l  be fu r ­
nished as se t  f o r th  above p lus the f u l l  amount o f  any 
co s ts  inwhich the Federal Government does not p a r t ic ip a te .

(2) THE STATE AGENCY hereby approves the appl ica t  ion 
and recommends it t o  the Surgeon General f o r  a p p ro v a l . 
The State Agency c e r t i f i e s  that the ap p lica t ion  meets a l l  
th e  requirements o f  the State  Plan, that the p lans and 
s p e c i f i c a t i o n s  are  . in accordance with Appendix A t o  t he 
regu lat ions  promulgated by the Surgeon General under the 
Federal Act ;  that the a p p l i c a t i o n  c o n t a in s  reason ab le  
assurances as to  t i t l e ,  payment o f  p r e v a i l in g  r a te s  o f  
wages, and f in an cia l  support fo r  the non-Federal_ share o f  
c o s t  o f  c o n s tr u c t io n  and the e n t i r e  c o s t  o f  mai ntenance 
and operat ion when completed; that the appl ica t  ion _con- 
ta i ns an assurance that in the operation  o f  the f a c i l i t y  
there w il l  beconformance to State standards fo r  operation  
and maintenance and to al 1 ap p licab le  State laws a ; d State 
a n d ' lo c a l  cod es ,  r egu la t ion s  and ord inances .  The State  
Agency agrees that it  w i l l  p e r io d i c a l ly  inspect, the pro -

. ■>„ j « c t - ^ - c e r t i f y  t o  S u rgM j 0 . ™ r . l  f o r  ~ j j . n l  « »
Federal Government ŵrT T sums as are found t o  be payable under the Federal Act.“ ir "H hCTudina equipment, in which the Federal Government‘■wri r 

w  cart ic ioate under the Federal Act and the approved Federal
share are as follows.:.. . . ..
HOSPITAL OR PUBLIC _HEALTH_CENTER

(PART C) % at C-S P/3 percent
CHRONIC DISEASE HOSPITAL 

(PART G ) ' $ at .............. ... . percent
NURSING HOME 

(PART G) $ _ at ........ percent
DIAGNOSTIC OR DIAGNOSTIC 
TREATMENT CENTER
JPART ________ $ = = = = = = = = at percent

(3) THE SURGEON GENERAL hereby approves the appl icat ion 
(su b je c t ,  in th ecase  o f  a r e h a b il i ta t io n  f a c i l i t y ,  to  the 
approval o f  THE SECRETARY OF HEALTH,EDUCATION,. AND WELFARE) 
and agrees to  c e r t i f y  t o  the .Secretary  o f  the Treasury 
the Federal share o f  the cost o f  construction  o f  the pro­
je c t  as se t  fo r th  above and further  agrees to  c e r t i f y  to  
the Secretary o f  the Treasury such sums as are c e r t i f i e d  
to  him by the State Agency from tine to  time as in s t a l l ­
ments due under the Federal Act and regu lat ions  thereunder 
unless c e r t i f i c a t i o n  is withheld under Sec t ion  632(a ; o f  
the Federal A c t ; provided , however, the to ta l  amount so 
c e r t i f i e d  as instal Iments due shall not exceed the approv­
ed Federal share o f  the actual necessary cost  o f  the pro­
je c t  as determined at i t s  f inal completion.

REHABILITATION FACILITY

_i£&EL£l, at . percent
Q&» Litnteccat Jr

IK u ITNESS WHEREOF, THE PARTIES HAVE HEREUNTO AFFIXED THEIR SIGNATURES OK THE OATES INDICATED. ( I t  t h i .  a p p l i c a t i o n
i s  a i j n a d  b y  two o r  mors ap p l i c a n t s ,  th* a i n j u l a r  s h a l l  b e  r e a d  as t h e ^ l u r a j ^ h e ^ ----- ------ ------------—-----------------—--------------- -----—

SI GNATUf!J-,OF R!

LEGAL NAME OF APPLICANT
ties ley  hmg C cm io ity  Jicof-iial* lae*

NAME OF RESPONSIBLE OFFICER (Tfpm  or P r i n t )

I’e a© risoi*
T I T L E  OF O F F I C E R

O ffic ia l  txm
DATE NAME -OF STATE AGENCY  ̂ *

Is# C# Medical Care C ttrM clo o
SIGNATURE OF RESPONSIBLE OFFICER 

?
_1

NAME OF RESPONSIBLE OFFICER (Type or p r i n t )
’Sjfciiam F# Recfiereoa

DATE
March 13, 1962

FOR REBA81LITATIOK'FACILITIES OKLY F______jjXri----- ------------------ ' [̂ WT>iriiEC';rETWY

T" FOR THE St$GEOH GENERA  ̂ 1/

j g g a aA J !  7 ,  » J

TITLE OF OFFICER
E&wtttlv© rccrstriry

T I T L E  OF O F F I C E REmil Ev Palmquist, M.B*, M.P.IL 
iBagia&alJ&sal^

T I T L E .  OF O F F IC E R

**£V.  * - 3 5

•4* HEW-LEX h'



103a



104a

(Filed: May 4, 1962)
Letter From William F. Henderson

[Letterhead of The North Carolina Medical 
Care Commission, Raleigh, North Carolina]

April 15,1960

C
O
P
Y

Re: Project No. NC-330
Moses H. Cone Memorial

Hospital Addition 
Greensboro, North Carolina

Dr. Eugene A. Gillis 
Regional Medical Director 
Region III
Department of Health, Education and Welfare 
700 East Jefferson Street 
Charlottesville, Virginia

Attention: Mrs. Helen S. Hoggard
Acting Hospital Program Director

Dear Dr. Gillis:
Parts 1, 2 and 3 of the Project Construction Application 

for the subject project were submitted to the Public Health 
Service on the basis that no person in the area would be 
denied admission to the completed facility because of race, 
creed or color. Upon re-examination of the sponsor’s in­
tentions we find that in this respect the application was 
prepared and submitted in error.

The Official Spokesman for the project has subsequently 
advised that it was not the hospital’s intention at all to 
accept patients on an unrestricted basis with reference to 
race and color. The misunderstanding apparently resulted 
from the Commission’s assumption, in assisting with the



105a

preparation of the application, that no person would be 
denied admission because of race, inasmuch as the hospital 
has accepted some patients of the negro race during the 
past. However, it has been brought to our attention this 
policy is entirely voluntary on the part of the hospital and 
applies to selective cases referred by the L. Richardson 
Memorial Hospital, an all negro institution in the commu­
nity. Moreover, the Moses H. Cone Memorial Hospital is 
a non-governmentally owned and operated facility sup­
ported by private endowment.

On being fully advised of the conditions imposed by the 
non-discrimination agreement, the hospital believes that its 
present selective admission policy which it may plan to 
continue would not in effect comply with the full intent 
of the agreement in the application as submitted. The spon­
sor, therefore, has requested that the application reflecting 
this condition be corrected.

The Commission is satisfied that the applicant’s under­
standing is accurately represented and upon an examina­
tion of all of the records it is our opinion that the non­
discrimination agreement was erroneously executed as a 
result of a clerical inadvertence for which we are respon­
sible. Moreover, it is apparent that the application would 
have received the same consideration on the basis of the 
sponsor’s intention to restrict admissions as to race. This 
is supported by the State Plan for the Greensboro area 
which provides for separate facilities for separate popu­
lation groups and makes equitable provision for facilities 
of like quality for each such population group in the area. 
Several projects to improve the facilities of the L. Rich­
ardson Memorial Hospital at Greensboro (an all negro 
hospital) have been approved under the Commission’s pro­
gram. A current project is under development for the

Letter From William F. Henderson



106a

negro hospital and Federal funds for the project were 
approved at the same time the Commission approved the 
Moses Cone Hospital project.

In consideration of the above the Commission has ap­
proved and is submitting herewith a corrected Part 1 of 
the Project Construction Application for the Moses H. 
Cone Memorial Hospital in accordance with the applicant’s 
desire to restrict admissions with regard to race at its own 
discretion. It is requested that this be approved in lieu of 
the original submitted to you in error and that the re­
scinded copy be returned to us for appropriate cancellation.

No Federal funds have yet been allocated to this project 
and we therefore would appreciate your prompt considera­
tion and/or approval of the corrected Part 1 in order that 
the applicant may be assured that the project can develop 
with Federal participation.

Yours very truly,

/s /  W m . F. Henderson 
William F. Henderson

WFH: kas 
Enclosures: a/s

Letter From William F. Henderson

Excerpts From State Plan

(Filed: May 4, 1962)

The attached are certified to be true and correct copies of 
selected data contained in the official records of The North 
Carolina Medical Care Commission.

/ s /  Wm. F. H enderson

William F. Henderson, Executive Secretary 
The North Carolina Medical Care Commission

Date: April 24,1962



T
O

P

I

EbftBlT 4

n i «  m i
e' * --*1

OKillllf 101 C « 4 1 f FOB til I. C. IIIHU Sill COMftSiSXOS

t



107a

Excerpts From State Plan 

EXHIBIT A



108a

Excerpts From, State Plan 

METHODS OF ADMINISTRATION

A. The North Carolina Medical Care Commission and its 
Executive Staff accept in good faith and undertake to 
comply fully with Section 603(d) Public Law 725 and 
the regulations prescribed by the Surgeon General under 
Section 622(g) of the said law.
Medical Care Commission Enabling Act and Merit Sys­
tem. The North Carolina Medical Care Commission is 
required to comply fully with the provisions of the 
State Personnel Act and the North Carolina Merit Sys­
tem Law. The enabling act of the Medical Care Com­
mission (Chapter 131, Article 13) is included in this 
revision of the State Plan as Exhibit D. The revised 
Merit System Law and regulations implementing the 
law are a part of this revision and are included as 
Exhibit E.
All personnel employed in administering the State Plan 
will be appointed under and subject to the merit system 
administered by the Merit System Council. (See Exhibit
E) The Merit System Council will furnish the Public 
Health Service with such data and information as are 
necessary to determine compliance with the Act and 
Regulations.

B. A brief description of the revised State Plan (Exhibit
F) was publicized in the News and Observer, a news­
paper having Statewide distribution during the week of 
May 1, 1961. A copy of the legal advertisement pub­
licizing the hearing on the State Plan is attached. A 
hearing was scheduled for 10:00 a.m. on May 15, 1961. 
No persons appeared during the time scheduled for 
the hearing and no questions or inquiries were received 
in this regard.



109a

One approved copy of the State Plan will be available 
in the office of the Medical Care Commission for public 
examination.

C. After approval of the State Plan by the Public Health 
Service, the Commission will develop a Project Con­
struction Schedule which will list the projects for which 
construction can be commenced immediately. The Sched­
ule will be developed by inviting applications from spon­
soring agencies in areas of the greatest unfilled need 
and in the order of the area priorities as shown in the 
over-all construction program. The number of projects 
included on the Project Construction Schedule will de­
pend upon the amount of the Federal allotment to the 
State.

Projects will be selected for the Project Construction 
Schedule after consideration of the following factors:
(1) The priority of the project as determined in ac­

cordance with the principles outlined in the State 
Plan for determination of relative need.

(2) The intent of sponsoring agencies to begin construc­
tion within a reasonable length of time.

(3) The ability of the sponsoring agency to meet the 
financial requirements for construction, maintenance 
and operation of the proposed facility.

(4) The maintenance of an appropriate balance in the 
construction of the various categories of facilities. 
The balance between categories of facilities need 
not be reflected in each Project Construction 
Schedule.

If a project is removed from the Project Construction 
Schedule by the Commission, the Schedule will be re­

Excerpts From State Plan



110a

vised to include the most highest priority project which 
meets the requirements for inclusion.
The fact that a project is excluded from the Project 
Construction Schedule for any of several reasons will 
not change the project priority rating (although for 
other reasons this priority may change). Such projects 
will be considered for inclusion in each succeeding Proj­
ect Construction Schedule.

A Project Construction Schedule for the fiscal year be­
ginning July 1, 1961 will be submitted to the Regional 
Office of the Public Health Service after approval of the 
State Plan and after the amount of Federal funds avail­
able is determined for the fiscal year. Commission policy 
provides that applications will be submitted not later 
than June 30 of each year for projects to be considered 
with funds available for the year beginning July 1. As 
is customary, it is expected that project applications will 
be reviewed at the quarterly meeting* of the Commission 
to be held in September. Following the meeting, the 
Project Construction Schedule reflecting the projects ap­
proved will be submitted to the Public Health Service for 
consideration and/or approval. Applications received 
after July 1, 1961 may be considered if there is an excess 
of funds not required to finance applications received 
within the prescribed period. However, priority will be 
extended only to applications submitted in accordance 
with the policy deadline of June 30.
Applications for Federal assistance under Public Law 
725 will be submitted on the Project Construction Appli­
cation which is proscribed by the Public Health Service.

D. Construction and equipping of projects assisted under 
this program shall comply with the general standards of

Excerpts From State Plan



111a

construction and equipment prescribed by the Surgeon 
General and published in Part 53, Sub-part M— (Ap­
pendix A), and which are hereby adopted as minimum 
standards by the North Carolina Medical Care Com­
mission.

' Copies of such standards are available for inspection at 
the office of the Commission.

E. When a request for payment of an installment is made, 
the Commission will make an inspection of the project 
to determine that services have been rendered, work has 
been performed, and purchases have been made as 
claimed by the applicant and in accordance with the ap­
proved project application. In addition, the Commission 
will make such additional inspections as are deemed 
necessary. Reports of each inspection will be retained 
in the files of the Commission.

F. Requests for construction payments shall be submitted 
by applicants to the North Carolina Medical Care Com­
mission at the times prescribed by regulations.
Under existing law, the State is authorized to make pay­
ment of Federal funds to all types of applicants as ap­
proved by the Commission.

Federal funds shall be paid to the Treasurer of the 
State of North Carolina. The State will promptly remit 
or credit all payments of Federal funds received by the 
State for payment to applicants for approved construc­
tion projects.

G. The Commission will comply with the provisions of Sec­
tion 53.129 of the Regulations bĵ  maintaining the neces­
sary accounting records and controls, and requiring ap­
plicants for Federal funds to maintain adequate fiscal 
records and controls.

Excerpts From, State Plan



112a

The Commission agrees that it will retain on file all docu­
ments coming into its possession which relate to any ex­
penditure under Public Law 725. In addition, the Com­
mission will take such steps as are necessary to assure 
that applicants (1) retain all relevant and supporting 
documents pending audit by the Public Health Service 
and (2) establish suitable property inventory records 
covering all equipment of more than nominal value.
The State Agency further agrees that it will:
(1) retain the accounting records, controls and docu­

ments described in “a” and “b” of Section 53.129 of 
the Regulations for a period of at least one year 
beyond its participation in the program.

(2) take such steps as are necessary to assure that ap­
plicants retain the fiscal records, controls and docu­
ments described in “ a” and “b” of Section 53.129 of 
the Regulations for a period of at least two years 
after the final payment of Federal funds.

H. Approved Federal Rate of Participation. It is expected 
that the Federal rate of participation in approved proj­
ects for the fiscal year beginning July 1, 1961 will be

Excerpts From State Plan

approved by the Commission as follows:
Projects under Part C ..........................................  55%
Diagnostic and Treatment Centers (Part G-)__  55%
Nursing Homes (Part G ) ....................... ............. 55%
Chronic Disease Hospitals (Part G) ................ 55%
Rehabilitation Facilities (Part G)

The State’s maximum allot­
ment percentage, as provided 
in Policy Memorandum A-6- 
61, February 13, 1961.



113a

In view of commitments to the existing Project Con­
struction Schedules of the Commission, it is expected 
that the above rates of participation, which, except for 
rehabilitation facilities, are the same as authorized for 
the fiscal year beginning July 1, 1960, will have to be 
continued; however, formal approval will be required by 
the Commission and this transaction is included in the 
agenda for the meeting to be held in June, 1961. Unless 
further notified, the maximum allotment percentage for 
the State for the fiscal year July 1, 1961-June 30, 1962 
will be the prevailing rate for rehabilitation facilities.

INTRODUCTION

The following plan constitutes the 14th Annual Revision 
of the North Carolina State Plan developed in accordance 
with Hill-Burton requirements. This revision incorporates 
all new hospital and medical facilities construction under­
taken since the last revision. Projects approved during 
1962 fiscal year are based on the provisions of this plan.

Except where separate facilities are programmed for 
separate population groups, no application for construction 
of hospital, diagnostic and treatment centers, rehabilitation 
facilities, nursing homes or public health centers will be 
approved under the State Plan unless the applicant in­
cludes therein the following assurance:

“The applicant hereby assures the State agency that 
no person in the area will be denied admission as a 
patient to the facility on account of race, creed, or 
color.”

Where separate facilities are programmed for separate 
population groups, Form PHS-8, Non-Discrimination Re­
port, has been included in the State Plan.

Excerpts From, State Plan



114a

STATEMENT REGARDING CONSULTATION WITH 
REHABILITATION AGENCIES

In that representatives of agencies and groups concerned 
with rehabilitation are not included in the composition of 
State (Hospital) Advisory Council, the Medical Care Com­
mission (State Agency) will consult with the Division of 
Vocational Rehabilitation of the North Carolina Depart­
ment of Public Instruction on matters pertaining to the 
development of rehabilitation centers throughout the State. 
Other agencies, when indicated, will be consulted, e.g., 
North Carolina Commission for the Blind, Cerebral Palsy 
Association, Crippled Children’s Section, North Carolina 
State Board of Health, and the Medical Schools of the 
State.

North Carolina State (Hospital) Advisory Council

Mr. Joe M. Cox, Laurinburg, N. C., Attorney

Mr. Claude F. Gaddy, 301 Hillsboro Street, Raleigh, N. C., 
Executive Secretary of the Council on Christian Education 
of the North Carolina Baptist State Convention; former 
Superintendent of Raleigh Schools; former Administrator, 
Rex Hospital, Raleigh, N. C.

Dr. Fred C. Hubbard, North Wilkesboro, N. C., former 
President of the North Carolina Medical Society of the 
State of North Carolina.

Mr. James P. Richardson, Charlotte, N. C., Superintendent 
of the Presbyterian Hospital, Charlotte, N. C.

Dr. Eugene A. Hargrove, P. 0. Box 70, Raleigh, N. C., 
Commissioner of Mental Health of North Carolina Hos­
pitals Board of Control.

# * # # #

Excerpts From State Plan



115a

Reserve beds have been assigned to exceptional areas 
in accordance with the above factors on the basis of the 
next logical addition to existing facilities. It has been 
arbitrarily determined that logical additions for various 
sizes of hospitals may be considered for planning purposes 
as follows:

15- 49 beds— 10 additional beds 
50- 99 beds— 25 additional beds 

100-199 beds— 75 additional beds 
200-299 beds—100 additional beds 
300-500 beds—150 additional beds

The above determinations will not be used to limit par­
ticipation in a project to involve construction of beds in 
excess of the logical addition when utilization is demon­
strated to the contrary.

The relative need for each general hospital service area 
has been determined by computing the percentage of need 
met by existing suitable beds.

The Non-Discrimination Report, Form PHS-8, has been 
prepared where there are separate facilities programmed 
for separate groups of the population in accordance with 
previously developed patterns.

Definitions of Suitability of Physical Facilities

Hospital physical plants are classified as to “ suitable” 
and “ replaceable” for planning purposes.

1. Suitable Facility

The physical plant must (a) conform basically to 
the requirements of the North Carolina State Build­

Excerpts From State Plan



116a

ing Code for institutional buildings, or be capable of 
complying with the code without excessive costs 
(25 per cent of the current valuation of the buildings 
is determined excessive); (b) be reasonably well 
designed for the services provided; (c) have a de­
signed capacity of more than 15 beds and (d) be 
capable of modification or expansion to meet the 
future hospital needs of the community.

* # # # #
THE NORTH CAROLINA MEDICAL ,CARE 

COMMISSION 
Raleigh, North Carolina

NURSES’ TRAINING FACILITIES FOR 
GENERAL HOSPITALS

Explanation

The trend in North Carolina is away from the construc­
tion of nurses’ residences in view of the low occupancy of 
such facilities experienced by most hospitals in recent years. 
The Commission, therefore, has adopted the general policy 
of approving such facilities only for general hospitals which 
conduct accredited schools of nursing. Exceptional circum­
stances, however, would be studied on the basis of individ­
ual merits. It has always been the case that the State 
agency would approve any meritorious proposal for facil­
ities in this category. Consequently, in the past, no formal 
criteria have been developed relating to priorities except 
to specify that the facility must be in connection with an 
accredited school of nursing, so long as other occupancy 
data would justify the project. Because of the increased 
need for nursing personnel throughout the State, the Com­
mission would give high priority on its funds to participa­

Excerpts From State Plan



117a

tion in expanding or developing schools of nursing by as­
sisting in the construction of training facilities for nursing 
personnel required by the sponsoring hospital.

Need

For the purposes of planning nurses’ training facilities 
for general and related hospitals, bed count is used as the 
basic unit for establishing need; however, other factors 
such as inadequacy of clinical teaching facilities may be 
considered in establishing need with reference to existing 
programs.

In determining the number of beds needed, the nurses re­
quired to be graduated and licensed each year should be 
investigated. The following factors influence the need for 
nurses:

1. According to the National League of Nursing, it is 
estimated that three nurses per 1,000 population are 
needed to fill the demand for all types of nursing ser­
vice. There are at present 10,303 registered graduate 
nurses working in North Carolina (according to the 
North Carolina State Board of Nurse Registration 
and Nursing Education), or a ratio of 2.30 per 1,000 
population. The number of nurses needed to main­
tain three per 1,000 population is 13,423, giving a cur­
rent deficit of 3,122 nurses. Therefore, it is estimated 
that North Carolina will need 312 additional graduate 
nurses per year for the next decade to overcome the 
present deficit.

2. In addition to absorbing current shortages, the in­
creased population will demand that 69 nurses be li­
censed each year.

Excerpts From State Plan



118a

3. In 1958 North Carolina lost to other states 512 nurses, 
while gaining only 400 from other states, or a net loss 
of 112 nurses.

4. Approximately 5 per cent of the total nurses actively 
practicing is lost annually due to retirement or other 
reasons. It will take 515 additional nurses each year 
to replace the ones lost in this manner.

In summary, 312 plus 69 plus 112 plus 515, or a total of 
1,008 nurses need to be licensed each year in order to over­
come the existing deficit and maintain a level to supply fu­
ture demand.

In 1960, North Carolina schools of nursing with 2,891 
beds graduated 696 nurses. According to this ratio, 4,187 
beds are needed to educate 1,008 nurses per year. Since 
there are at present only 3,208 beds existing and under con­
struction, an additional 979 beds may need to be constructed 
in North Carolina for present and immediate future pur­
poses. This does not take into consideration any of the 
defects in the present schools.

The attached Form PHS-8 shows the distribution of 
population in North Carolina on the basis of white and 
non-white and the needs for beds in the nurses’ training 
facilities for the white and non-white segment of the popu­
lation over the 10-year period based on the present popula­
tion distribution.

On this basis, the need for white beds is 3,124 and for 
non-white beds, it is 1,063. There are at present 2,875 beds 
for white students and 333 beds for non-white students. To 
meet the desired goal, 249 additional beds are needed for 
training white students and 730 additional beds for training 
non-white students.

Excerpts From State Plan



119a

The Commission considers it unrealistic to program beds 
in nurses’ training facilities for designated areas within 
the State. It is felt that in the interest of avoiding duplica­
tion geographical location should not be considered a prime 
factor in the construction of such facilities. The planned 
beds will be assigned on a State-wide basis and may be uti­
lized by a sponsor located in any logical area within the 
State proposing an accredited training program.

It is recognized that nurses, irrespective of race, provide 
services to all segments of the population. Because of the 
scarcity of nurses, the Commission has determined that 
special priority shall be given to those applications that 
provide for training facilities for nurses. Consideration 
will be given on the basis of demonstrating ability to operate 
a training school and approval of the program by the State 
Board of Nurse Registration and Nursing Education, the 
official State agency for accrediting professional schools of 
nursing.

Excerpts From State Plan

*  *  *  *  #



120a

Excerpts From State Plan 

SUPPLEMENT
TO FORM PHS-8, NON-DISCRIMINATION REPORT 

REVISED JANUARY 3, 1962'

Approved PUS 1-22-62
Existing

Area Name of Facility Location

Acceptable Beds 
Non-

White White

B-l Charlotte LET Hospital Charlotte 36 0
Charlotte Memorial Hospital Charlotte 430 261
Mercy Hospital Charlotte 199 31
Presbyterian Hospital Charlotte 360 0

Subtotal 1025 57
B-2 City Memorial Hospital Winston-Salem 250 0

Forsyth County Hospital Winston-Salem 540 0

Subtotal 790 0
B-3 Lincoln Hospital Durham 0 125

McPherson Hospital Durham 36 9
Watts Hospital Durham 300 0

Subtotal 336 134
R-40 Granville Hospital Oxford 54 0

Shaw Memorial Hospital Oxford 0 30

Subtotal 54 30
B-6 L. Richardson Memorial Hospital Greensboro 0 91

Wesley Long Hospital Greensboro 220 0
Moses H. Cone Hospital Greensboro 482 0

Subtotal 702 91

1 Tentative figures—hospitals now under construction.



121a

Excerpts From State Plan

Existing

Area Name of Facility Location

Acceptable Beds 
Non-

White White

B-4 Eex Hospital Raleigh 315 0
Memorial Hospital of Wake Co. Raleigh 132 168
Apex Hospital Apex 12 81
Fuquay Varina Hospital Fuquay 12 8
Wake Forest Hospital Wake Forest 12 81
Wendell-Zebulon Hospital Zebulon 12 81

Subtotal 495 200

1-12 Garrison General Hospital Gastonia 47 0
Gaston Memorial Hospital Gastonia 130 0

Subtotal 177 0

1-39 Wilson Co. Hospital Wilson 150 b-1 o o
Subtotal 150 100

1-38 Good Shepherd New Bern 0 58
Craven County Hospital New Bern 68 32

Subtotal 68 90
1-8 Babies Hospital Wilmington 57 2

Cape Fear Memorial Hospital Wilmington 72 0

Subtotal 129 2

State Totals 3926 704

1 Tentative figures—hospitals now under construction.

2 Tentative figures—hospital now in planning stage.



122a

Rules and Regulations for Hospital Licensure 
in North Carolina

(Filed: May 4, 1962)

R evised September 16, 1960

SECTION I—ADMINISTRATION
A. GOVERNING BOARD

The governing board, or owner, or the person or persons 
designated by the owner as the governing authority shall 
be responsible for seeing that the objectives specified in the 
charter (or resolution if publicly-owned) are attained. 
This shall include the selection and appointment of a com­
petent administrator and a medical staff and the formula­
tion or approval of such bylaws as may be desirable for the 
proper operation of the hospital. The governing board 
shall be the supreme authority in the hospital to which the 
administrator, the medical staff, the personnel, and all 
auxiliary organizations are directly or indirectly respon­
sible.

B. ADMINISTRATOR
There shall be a competent, well-trained executive officer 

or administrator with authority and responsibility for the 
operation of the hospital in all its administrative and pro­
fessional functions, subject only to the policies enacted by 
the governing board and to such orders as it may issue. 
The administrator shall be the direct representative of the 
governing authority in the management of the hospital and 
shall be responsible to said board alone for the proper 
performance of his duties.

C. ACCOUNTING

The financial and statistical records of the hospital shall 
be available for inspection at all times within business



123a

hours by the Commission through its duly authorized offi­
cers, agents or employees.

D. TELEPHONES
There shall be a telephone in the building and additional 

telephones or extensions as required to summon help 
promptly in case of fire or other emergency.

E. PERSONNEL
All professional and non-professional personnel shall be 

given a preemployment examination consisting of a general 
physical examination including a chest x-ray, and stool 
cultures if a history of typhoid is elicited.

The physical examination including the chest x-ray is to 
be repeated annually on all personnel. Any person who 
shows signs of upper respiratory infections, skin lesions, 
diarrhea, or other communicable disease shall be excluded 
from work if, in the judgment of a physician, it is necessary 
to do so for the protection of patients and others.

SECTION II—CLINICAL SERVICES

A. MEDICAL STAFF

1. Organization and Qualifications

In any hospital used by two or more physicians for the 
treatment of injury or disease, the physicians and surgeons 
privileged to practice in the hospital shall be organized as 
a definite medical staff which shall initiate and, with the 
approval of the governing authority of the hospital, adopt 
rules, regulations, and policies which specifically provide:

a. For eligibility for membership on the staff;

Buies and Regulations for Hospital Licensure
in North Carolina



124a

b. That the medical staff meetings be held at least 
once a month;

c. That the medical staff review and analyze at regular 
intervals their clinical experience in the various 
departments of the hospital; the medical records 
of the patients, free and pay, to be the basis for 
such review and analysis.

Every person admitted to practice in the hospital shall 
qualify for membership on the medical staff by submitting 
a signed application in writing which shall contain the fol­
lowing data: age, year, and school of graduation, date of 
licensure, statement of postgraduate or special training 
and experience, statement of the type of medicine the ap­
plicant desires to practice, a pledge that if appointed the 
applicant will comply with the rule and regulations of the 
hospital so far as they affect him and his membership on 
the medical staff, and include a statement of his own special 
qualifications and a resolution against division of fees in 
accordance with the requirements of the American College 
of Surgeons.

All rules and regulations and policies adopted by the 
medical staff and a roster of medical staff members shall 
be available to the Commission upon request.

In hospitals with twenty-five beds or more, the organized 
medical staff shall annually elect a staff member to be 
chief-of-staff, and it shall elect a member to be the respon­
sible head or chief of each of the departments or services 
in the hospital, such as obstetrics, pediatrics, surgery, med­
icine, etc. In hospitals of less than twenty-five beds, the 
medical staff shall annually elect one of its members to 
be chief-of-staff.

Rules and Regulations for Hospital Licensure
in North Carolina



125a

2. Supervision of Patient Care

All persons admitted to any institution covered by these 
standards must be under the care of a physician or surgeon 
who has (a) a degree of Doctor of Medicine, is in good 
standing, and legally licensed to practice in North Carolina; 
(b) competent in his field; and (c) worthy in character and 
in matters of professional ethics; and does not practice 
fee-splitting under any guise whatsoever. A diagnosis shall 
be entered in the admission records.

3. Orders for Medication and Treatment

No medications or treatments shall be given in institu­
tions covered by these standards except on the order of a 
physician.

4. Availability for Emergencies

All hospitals shall have one or more duly licensed physi­
cians available on call for emergencies at all times.

B. SURGERY

1. Facilities

Every hospital in which surgical operations are per­
formed shall have an operating room; scrubbing and toilet 
facilities; sterilizing apparatus; and other equipment and 
instruments in keeping with the requirements of modern 
surgery.

This room shall be provided for exclusive use as an 
operating room and shall be located as not to be used as 
a passage between other parts of the hospital and shall not 
be subject to contamination from other parts of the hospital.

Hospitals with less than 20 beds— (see OBSTETRICS— 
1.—c. Delivery Room).

Rules and Regulations for Hospital Licensure
in North Carolina



126a

Rules and Regulations for Hospital Licensure
in North Carolina

2. Organisation

The operating room shall be under the supervision of 
registered nurses. Surgical operations shall be done only 
by physicians designated by the hospital as qualified to do 
surgery.

An accurate and complete description of the technique of 
operation and the findings and a statement of organs or 
tissues removed together with the post-operative diagnosis 
shall be entered by the surgeon in the patient’s record im­
mediately following the operation. It shall be the policy of 
all hospitals providing services for sugical care to have 
available facilities for the pathological examination of 
tissue specimens, except tonsils and adenoids, either on the 
premises or by arrangement through affiliation, or other 
means, with a competent pathological laboratory.

3. Procedures

An acceptable aseptic technique shall be observed in all 
major or minor operative procedures. Proper care shall be 
taken to prevent contamination of the surgical field, sterile 
tables or operating team by visitors. After an operation on 
a septic case, the operating room shall be thoroughly 
cleansed in a manner adequate for the type of contamination 
existing.

C. OBSTETRICS
1. Facilities

a. Maternity

Obstetrics and newborn services shall be located and 
arranged as to provide for complete protection of mothers 
and newborn infants from infection and from cross-infec­
tion from patients in other services in the hospital.



127a

There shall be written provisions and policies in regard 
to the care of patients with an infectious, contagious or 
communicable disease which will insure the protection of 
other maternity or newborn infants and other patients.

The hospital shall have adequate facilities for steriliza­
tion of equipment, supplies and instruments.

b. Labor Room

There must be satisfactory provision for the care of 
patients in labor either in the patient’s room or in a desig­
nated special labor room.

Rooms used for this purpose should afford desirable 
privacy, be conveniently located with reference to the de­
livery room, and should be so located as to minimize the 
possibility of sound reaching other patients’ rooms.

If analgesia is used, beds shall be equipped with guard 
rails.

There must be facilities for examination and prepara­
tion of patients as required by the attending physician.

c. Delivery Room

Hospitals with less than twenty beds: a delivery room 
used for no other purpose is recommended. If one room is 
used for both surgery and delivery room, the admission of 
infected cases to the surgery will be discouraged. However, 
if the surgery is used for an infected case, it will receive 
a thorough scrubbing of all floors and walls, there will be a 
thorough cleaning and sterilization of all equipment after 
such use, before being used as a delivery room.

Hospitals with twenty beds or more: the delivery room 
shall be used for no other purpose, and it should be used 
only for the delivery of non-infected patients.

Rules and Regulations for Hospital Licensure
in North, Carolina



128a

Delivery rooms shall include the following:

(1) Sphygmomanometer and stethoscope.

(2) Adequate facilities for anesthesis shall be provided. 
A small table conveniently placed shall contain arti­
cles needed by the anesthetist.

(3) There shall be several sterile syringes, with suitable 
needles for oxytocics and emergency medications.

(4) A sterile package of instruments and gauze for 
uterine packing shall be at hand.

(5) Instruments for repair of lacerations and handling 
other occasional delivery accidents shall be provided 
in sterile packages if they are not supplied routinely 
in the delivery set.

(6) Facilities for intravenous therapy shall be available. 
In addition to flasks of sterile glucose and saline solu­
tion, all hospitals accepting maternity patients shall 
have, on the premises, a standard preparation of 
blood plasma or serum.

(7) A properly-heated bassinet shall be available for 
each delivery. There shall be no hazardous electrical 
equipment on the bassinet.

(8) A table or tray shall be provided containing articles 
needed for treating cord, and silver nitrate or pen- 
eillin or other accepted chemotherapeutic agent for 
treating the eyes of the infant.

(9) There shall be available facilities for suction, such 
or tracheal catheter, and equipment for administer­
ing oxygen to the infant.

Buies and Regulations for Hospital Licensure
in North Carolina



129a

(10) An acceptable means of identifying each infant shall 
be available in every delivery room.

d. Nursery

A nursery, not to be used for any other purpose, must 
be provided for the newborn with adequate space, light 
and ventilation.

There shall be provisions for a suspect nursery for in­
fants suspected of a contagious, infectious or communicable 
disease; and there shall be provisions for the complete 
isolation of infants with a known infectious, contagious or 
communicable disease. Newborn and older infants admitted 
from the outside shall not be cared for in the newborn 
nursery.

Suction apparatus and oxygen should be easily and quick­
ly available in the nursery.

The premature should be cared for in a separate nursery 
or should be segrated in the newborn nursery.

A large plainly legible wall thermometer shall be pro­
vided for the nursery.

An accurate scale for weighing newborn shall be provided.
Running hot and cold water and suitable receptacles 

for the disposal of waste and soiled linens shall be provided 
in or adjacent to each nursery.

2. Organisation

a. Maternity

Every birth occurring in a hospital shall be attended by 
a medical doctor who shall possess the qualifications pre­
scribed in Section II, A above. Nothing in this paragraph 
is intended to prevent members of the hospital resident

Rules and Regulations for Hospital Licensure
in North Carolina



130a

staff, when acting under the authority and supervision of 
the attending medical doctor, from attending at births.

A graduate registered nurse when available shall be 
responsible at all times for the nursing care of maternity 
patients and newborn infants.

The needs of the individual hospital will determine the 
number of nurses to be employed. It is desirable that nurses 
caring for maternity patients shall not care for other pa­
tients.

Rules and Regulations for Hospital Licensure
in North Carolina

b. Nursery

Nurses assigned to infected infants shall not care for 
other infants at the same time.

3. Procedures

a. Maternity

Routine nursing procedures for care of obstetric patients 
and newborn infants shall be prepared in written form.

Accurate and complete medical records must be provided 
for all maternity patients, and separate records for infants. 
The standard forms approved by the American College of 
Surgeons are recommended.

Any indication of infection must be reported immediately 
to the attending physician in charge of the patient.

Immediate segregation and isolation of all mothers with 
infection, fever or other condition inimical to the safety and 
welfare of others must be provided in a separate room. 

A mother shall be considered infected i f :

(1) She has a communicable disease or is suspected of 
such, or if she is a carrier.

(2) She nurses an infected infant.



131a

(3) She is delivered outside the maternity unit of the 
hospital in which she is afterwards cared for.

(4) She has an unexplained fever during the puerperium.

For the protection of mothers and newborn infants, the 
Commission requests every institution receiving maternity 
patients to observe the following rules and regulations.

(1) The number of visitors to a maternity patient should 
not exceed two, exclusive of the husband, at any t i m e,

(2) Visitors known to have an existing or recent com­
municable infection, as well as those having contact 
with such infection, shall be excluded.

(3) Visitors must not sit on beds or place articles of 
clothing on the beds of maternity patients.

(4) Children under 12 years of age are not permitted to 
visit in the maternity department of a hospital.

(5) Visitors may not enter the nursery or have direct 
contact with infants.

(6) Whenever babies are shown to visitors, there must 
be a complete separation, by a glass window, of 
babies from visitors. No visitors should be allowed 
in the mother’s room during nursing hours.

b. Labor and Delivery Room-

The physician shall be notified when the patient is ad­
mitted and immediately upon onset of labor.

Rules and Regulations for Hospital Licensure
in North Carolina



132a

Rules and Regulations for Hospital Licensure
in North Carolina

D. PEDIATRICS

1. Facilities

Hospitals providing pediatrics care shall have proper 
facilities for the caring of children apart from the services 
for adult patients, apart from the newborn nursing service 
and there shall be proper facilities and procedures for the 
isolation of children with infectious, contagious or com­
municable conditions.

E. ANESTHESIA

1. Facilities

In the surgical department or division of any hospital, 
there shall be facilities and equipment for the administra­
tion of anesthesia, commensurate with the needs of the 
hospital.

2. Procedures

Operations under a general anesthetic (inhalation, spinal, 
intravenous or rectal) shall not be performed nor a general 
anesthetic given until the patient has had a physical ex­
amination including examination of the chest for respira­
tory infection or cardiac disease and including a urinalysis 
with tests for albumin and sugar. In case of an emergency 
the operation may be done without the physical examination 
and tests, but a note shall be made in the patient’s record 
stating the reason for the operation and be signed by the 
attending surgeon and another member of the staff qualified 
to use the operating room for surgery. The results of these 
examinations, together with the pre-operative diagnosis, 
shall be entered on the patient’s record. After the adminis-



133a

tration of a general or spinal anesthetic, patients shall be 
constantly attended by a nurse until they have regained 
consciousness, or until the effects of the anesthetic have 
worn off. After any major operation, adequate nursing 
services shall be provided so that patients are closely 
watched and given all necessary care.

F. CLINICAL PATHOLOGICAL LABOKATORY
1. Facilities

Hospitals of 49 beds and under shall provide facilities 
for performing routine chemical and microscopic examina­
tions of the urine and complete blood counts.

Hospitals of 50 beds or over shall have a laboratory 
capable of making the standard hematological, bacterio­
logical, pathological and chemical examinations, or have 
regular arrangements for obtaining all such services from 
an approved laboratory.

2. Organisation

The laboratory shall be under the actual supervision of 
a physician, preferably a trained clinical pathologist or one 
who has had special training in clinical laboratory diagnosis, 
whose judgment should be accepted in doubtful finds.

3. Records

All requests for laboratory service shall be presented 
in writing; results from all laboratory tests should be writ­
ten indelibly on the patient’s record.

4. Required Tests

All patients above 16 years of age, except maternity 
patients who have had a blood test during their current

Rules and Regulations for Hospital Licensure
in North Carolina



134a

pregnancy, shall have a recognized standard blood test 
for syphilis, within 3 days after admission. If examinations 
of blood for syphilis are performed in the hospital labora­
tory, the requirements as defined by the State Department 
of Health for pre-marital or pre-natal serology test must 
be met.

G. RADIOLOGY
1. Facilities

All hospitals shall have adequate space and equipment 
for diagnostic x-ray and fluoroscopic examinations.

There shall be space for safe film storage, view boxes, 
and a dark room.

2. Organization

x-ray department shall be in charge of properly qualified 
physicians.

3. Records

A written report on each x-ray film taken shall be made 
and properly recorded as a part of the patient’s record.

H. OUT-PATIENT DEPARTMENT

Any hospital concerned with emergency or out-patient 
shall provide space and facilities for emergency treatment, 
including the administration of blood or blood plasma and 
intravenous medication, facilities for the control of bleed­
ing, and the emergency splinting of fractures, and it shall 
provide for facilities for the administration of oxygen and 
anesthesia. Competent personnel shall be at all times avail­
able on call for the care of emergencies.

Rules and Regulations for Hospital Licensure
in North Carolina



135a

Buies and Regulations for Hospital Licensure
in North, Carolina

I. ISOLATION
There shall be available a room or rooms which shall be 

used for isolation of a patient or patients with communi­
cable disease. These rooms can be planned at the end of 
a corridor or off a sub-corridor, and there must be observ­
ance of accepted measures of aseptic technique in care of 
such cases.

SECTION III—AUXILIARY SERVICES

A. PHARMACY

1. Facilities

Hospitals operating and maintaining a pharmacy shall 
have adequate space for storage and compounding and 
dispensing drugs. The compounding of prescriptions shall 
be done by a pharmacist licensed to practice pharmacy in 
North Carolina.

There shall be adequate refrigeration for biologicals and 
such drug products as require refrigeration.

2. Storage of Medicine

All medicines, poisons, and stimulants kept in a nursing 
service division shall be plainly labeled and stored in a 
specially designed medicine cabinet, closet or storeroom, 
and made accessible only to authorized personnel.

The cabinet for drugs shall be well illuminated.

3. Narcotics and Special Prescriptions

When orders have been discontinued or the patient dis­
missed, all medication shall be discarded, or returned to



136a

the pharmacy, or taken out with the patient according to 
the doctor’s orders and the suitability of the medication 
for re-issue for the use of other patients.

Narcotics must be securely locked at all times and ac­
cessible only to persons in charge.

B. MEDICAL RECORDS AND REPORTS
1. Facilities

Provisions shall be made for safe storage of all medical 
records.

2. Organization

The responsibility for supervision, filing, and indexing 
of medical records shall be delegated to a trained medical 
records librarian or to a responsible employee of the hos­
pital.

In hospitals of 25 beds or more, medical records shall be 
indexed fo r : the patient, the disease, the medical or surgical 
procedure involved, the physician, the results and any 
other pertinent information deemed necessary by the med­
ical staff. A member or committee of members appointed 
by the medical staff should be appointed to ascertain 
whether or not the medical records are adequate and 
up-to-date; and to formulate rules and regulations and 
assist in their enforcement.

Records of patients are the property of the hospital and 
must not be taken from the hospital property except under 
subpoena. When taken from the hospital property under 
subpoena, they must be returned to the hospital at the end 
of the hearing for which they were directed to be procured. 
The administrative officer shall be responsible for the en­
forcement of this rule.

Rules and Regulations for Hospital Licensure
in North Carolina



137a

Rules and Regulations for Hospital Licensure
in North Carolina

3. Content

Adequate and complete medical records shall be written 
for all patients admitted to the hospital. These records 
shall be filed in an orderly and accessible manner in. the 
hospital. A minimum medical record shall include the fol­
lowing information:

Identification data (name, address, age, sex, marital 
status)

Date of admission 
Date of discharge 
Personal and family history 
Complaint
History of present illness 
Physical examination
Special examination, if any, such as: consultations, 

clinical, laboratory, x-ray 
Provisional diagnoses 
Medical treatment 
Complete surgical record, if any 
Progress and nurse notes
Temperature chart including pulse and respiration, 

medications 
Final diagnoses 
Condition on discharge 
In case of death—autopsy findings, if any

All orders of physicians for medication and other ser­
vices shall be written in ink and signed by the prescribing 
physician or undersigned by him within 24 hours.

If narcotics are administered from a stock secured by 
the hospital under a Federal permit, each dose shall be 
recorded on a permanent narcotic record, wherein shall



138a

be recorded the date, hour, name of patient, kind of nar­
cotic, dose and by whom administered. If administered 
by prescription only, it shall be sufficient to record each 
dose on the clinical record of the patient.

SECTION IV—NURSING SERVICE

A. ORGANIZATION

The department of nursing and all nursing personnel 
shall be organized to provide complete and efficient care 
to each patient, and the authority, responsibility and func­
tion of each nurse and all nursing personnel shall be clearly 
defined, by establishing definite personnel policies.

There shall be regular meetings of the professional nurs­
ing staff to review and analyze the nursing service and 
to determine the quality of the nursing care rendered to 
patients and to increase the efficiency of the nursing care.

Applications for employment as to registered nurse shall 
be submitted, in writing, to the person responsible for nurs­
ing personnel, and each application shall contain accurate 
information as to the education, training, experience and 
personal background of each applicant. All professional 
nursing personnel shall be registered in the State of North 
Carolina.

B. PROFESSIONAL PERSONNEL

There shall be at least one professional registered nurse 
on duty at all times.

In hospitals of 50 beds or more, there shall be a pro­
fessional registered nurse on duty or on call for each 
specific service or department in the hospital.

Rules and Regulations for Hospital Licensure
in North Carolina



139a

The superintendent or director of nursing service shall 
be a competent and well-trained person with administrative 
and executive ability and she shall be a graduate nurse and 
registered in the State of North Carolina.

Nursing care shall be that amount of professional and 
non-professional care essential to provide proper treatment 
for the well-being and the recovery of the patient.

C. NON-PROFESSIONAL PERSONNEL

Practical nurses, subsidiary workers, orderlies and at­
tendants, both male and female, who are employed by 
hospitals, shall be assigned only those duties for which they 
are trained. They shall be under the supervision of a 
graduate nurse staff. All practical nurses shall be regis­
tered in the State of North Carolina.

SECTION y —FOOD SERVICE 

A. SUPERVISION

The dietary department shall be under the supervision 
of a trained dietitian or a person skilled in the handling, 
preparation and serving of foods and the supervision and 
management of food handlers.

The dietitian or person in charge of the department shall, 
with the approval of the administrator of the hospital, 
initiate policies and procedures with which each employee 
shall be familiar and these shall provide for the adminis­
trative and technical guidance of all personnel handling 
food.

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140a

B. PHYSICAL APPLIANCE AND EQUIPMENT
The floors of kitchens, diet kitchens, dining rooms, and 

pantries, and the floors of all rooms in which food is stored, 
prepared, or served, or in which ntensils are washed, shall 
be of such construction as to be easily cleaned, shall be 
smooth, and shall be kept in good repair. The walls and 
ceilings of such rooms shall have a smooth washable sur­
face, and shall be kept clean and in good repair. In con­
struction done after the adoption of these regulations and 
where practical to change in existing structures, all walls 
and ceilings shall be finished in light color. All such rooms 
shall be so constructed as to prevent the entrance of rats 
and mice.

All rooms in which food is stored, prepared, or served, 
and in which utensils are washed, shall be well lighted and 
provided with adequate ventilation.

Where flies are prevalent, all doors and windows, or 
other openings into the outer air, shall be effectively 
screened, and the doors shall be self-closing, unless other 
effective means are provided to prevent the entrance of 
flies.

Storerooms and cupboards, including shelves and racks, 
shall be constructed of easily cleanable, smooth material, 
and shall be kept clean and orderly. The contents of such 
rooms and storage places shall be neatly stored at least 15 
inches above the floor, and unnecessary and obsolete items 
shall not be permitted to accumulate therein.

All eating, drinking, and cooking utensils, and all tables, 
shelves, refrigeration equipment, sinks, and other equip­
ment or utensils used in connection with the hospital 
kitchen, shall be so constructed as to be easily cleaned, and 
shall be kept in good repair.

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141a

All equipment, including shelves, tables, counters, re­
frigerators, stoves, hoods, sinks, meat blocks, potato 
peelers, grinders, slicing machines, saws, and mixers shall 
be kept clean and free from dust, dirt, insects, and other 
contaminating material. All cloths and rags used by chefs 
and other employees in the kitchen shall be clean. Single 
service containers shall be used only once.

C. DISHWASHING

All dishes, knives, forks, drinking glasses, cups, and 
other eating and drinking utensils shall be thoroughly 
washed, rinsed, and subjected to an approved bactericidal 
treatment after each usage. All multi-use utensils, such as 
mixing bowls, cream dispensers, stock pots, baking pans, 
and other utensils used in the storage, preparation, cook­
ing, or serving of food and drink shall be thoroughly 
cleaned and rinsed immediately after the day’s operation, 
or upon completion of each meal, if necessary.

The minimum dishwashing facilities shall consist of a 
heavy gauge three compartment sink of adequate size and 
depth, with hot and cold running water service for each 
vat, splash back protection, continuous with the sink and 
an integral part of the sink, and drain boards on each end 
of ample size to accommodate the number of eating and 
drinking utensils involved. Separate facilities shall be re­
quired when necessary for the washing of glasses, and, 
when needed, separate facilities shall be required for the 
washing of pots, pans, and vegetables. The facilities for 
the heating of water shall be adequate and effective, and 
the storage capacity shall be ample. When dishwashing 
machines are used, the machines shall be approved, and 
shall be fitted with drain boards of ample capacity on each

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142a

side, and include a counter-sunk sink or other approved 
means for pre-cleaning or pre-soaking of the utensils in 
the dirty dish lane. Thermometers indicating the tempera­
ture of the wash and rinse water shall be required.

Where it is deemed necessary, mechanical glass and dish­
washing equipment shall be required.

After cleaning (i.e., cleaning to sight and touch), and 
thorough rinsing, all such utensils are effectively subjected 
to one or more of the following, or other equivalent bac­
tericidal processes:

1. Immersion for at least two minutes in clean hot water 
at a temperature of at least 170° F. An approved ther­
mometer shall be availably convenient to the vat. The 
pouring of scalding water over wrnshed utensils shall 
not be accepted as satisfactory compliance. Where hot 
water is used for bactericidal treatment, there shall be 
provided a hot water heater (preferably controlled by 
a thermostat) capable of maintaining water temperature 
of at least 170° F. in the vat at all times when the dishes 
are being washed. The heating device may be integral 
with the immersion vat. In any case, the supply of 
hot water must be ample to last through the period of 
greatest demand.

2. Immersion for at least two minutes in a chlorine rinse 
containing at least 50 p.p.m. of available chlorine, if hypo­
chlorites are used, or concentration of equal bactericidal 
strength if chloramines are used. Where chlorine treat­
ment is used, a three-compartment vat shall be required, 
the first compartment to be used for washing, the sec­
ond for rinsing, and the third for chlorine immersion. 
The first basket of utensils will remain in the chlorine

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143a

rinse for at least two minutes while the second basket 
is in the plain rinse, and the third basket is being 
washed. If hot water is maintained in the chlorine rinse, 
the dishes will dry quickly after the basket is removed 
from the third vat. Silver and silver-plated tableware 
should not be treated with chlorine, as silver chlorides 
are formed which blacken the silver.

3. Exposure in a steam cabinet, equipped with an indicated 
thermometer, located in the coldest zone to at least 
170° F. for at least 15 minutes or to at least 200° F. 
for at least 5 minutes.

4. A  sufficient supply of glasses, dishes, cups, goblets, 
tableware, etc. is provided so that enough time is al­
lowed for proper washing, rinsing, and bactericidal 
treatment of those that are being used.

5. In washing machines, where strong alkalies and higher 
wash water temperatures may be used for cleansing, a 
shorter exposure period for the final treatment may be 
employed. In such cases, the above standards for bac­
tericidal treatment will not apply.

After bactericidal treatment, no utensils shall be stored 
except in a clean, dry place protected from flies, dust, and 
other contamination, and no utensils shall be handled ex­
cept in such a manner as to prevent contamination so far 
as practical. Single service utensils shall be purchased only 
in sanitary containers and shall be stored therein in a 
clean, dry place until used. Adequate space should be pro­
vided in the diet kitchen for the storage of an ample supply 
of clean glasses.

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144a

D. STORAGE AND HANDLING OF FOOD
All food shall be stored, handled, and served as to be 

protected from dust, flies, rats, vermin, handling, droplet 
infection, overhead leakage, and other contamination. No 
animals, or fowls shall be kept or allowed in any room 
in which food is prepared or stored. All means neces­
sary for the elimination of flies and roaches shall be 
used. All readily perishable food or drink shall be 
kept at or below 50° F., except when being prepared 
or served. All fresh meats, except in small portions for 
immediate use, shall be stored at or below 40° F. Where 
available, grade “A” milk products shall be used. These 
products shall be served in the original containers in which 
they are received from the distributor, so that the name 
and grade of the contents, and the name of the producer 
or distributor, may be readily observed by the patient. 
This requirement shall not apply to buttermilk which is 
used strictly for cooking purposes only. Milk products 
shall be stored in a sanitary manner and shall be kept 
refrigerated except when being served. Bottles shall not 
be completely submerged in water. All foods shall be whole­
some and free from spoilage. Food that is spoiled or unfit 
for human consumption shall not be kept on the premises. 
Portions of food once served to patients, or employees, shall 
not be served again.

E. EMPLOYEES
All employees shall be free of communicable and infec­

tious diseases, such as tuberculosis, syphilis, and gonorrhea, 
communicable skin diseases, and are not carriers of typhoid. 
It shall be the responsibility of the management to require

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145a

such inspections and tests as often as are necessary to 
safeguard the health of the patients and other employees.

All employees shall wear clean outer garments, and shall 
keep their hands clean at all times when handling food, 
drink, utensils, or equipment. Kitchen employees shall not 
smoke while engaged in food handling operations. All 
precautions necessary shall be observed by the nurses and 
others having contact with patients known to have a com­
municable disease, and no such persons shall administer 
to other patients or employees without first eliminating all 
chances for transmitting disease by observing standard 
hospital isolation technique.

SECTION VI—PHYSICAL PLANT

A. CONSTRUCTION
Each institution must be so planned, organized, equipped, 

manned, and administered so as to furnish adequate care 
for each class of persons which it receives for care or treat­
ment.

The design and construction shall be in accordance with 
the construction standards of the North Carolina Medical 
Care Commission, the North Carolina Building Code, and 
local municipal codes.

1. Submission of Plans

Before construction, assisted with Federal and State 
funds, is begun, plans and specifications covering the con­
struction of new buildings, alterations, or additions, to 
existing buildings, and plants, or any change in facilities, 
may be submitted to the Commission for approval. There-

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146a

upon, the Commission will investigate the plans so contem­
plated and will notify the licensee that said buildings, alter­
ations, additions, or changes are approved or disapproved 
with such recommendations as the Commission will care 
to make.

In order to avoid unnecessary expense in changing final 
plans, it is suggested that as a preliminary step, proposed 
plans in sketch form be reviewed with the Commission.

The preliminary plans shall include a plot plan showing 
the size and shape of the entire site and the location of all 
existing or proposed facilities.

2. Location

The site for new construction or expansion, assisted with 
Federal and State funds, must have the approval of the 
Commission.

Hospitals should be so located that they are free from 
undue noise from railroads, freight yards, main traffic 
arteries, schools and children’s play grounds. The site 
should not be exposed to smoke, foul odors, or dust from 
nearby industrial plants.

The area of the site should be sufficient to permit future 
expansion and to provide adequate parking facilities.

The site should be easily accessible to patients, doctors, 
and employees. Available paved roads, adequate water, 
sewerage, and power lines should be taken into considera­
tion in selecting the site.

3. Fire Protection

Facilities and construction shall be in accordance with 
rules and regulations of the State Fire Marshal.

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147a

a. Anesthetics

In addition to all the other requirements pertaining to 
fire safety, as set forth in these regulations, surgeries, de­
livery room, minor surgeries, and similar places shall be 
made to comply with the following general requirements.

All electrical lighting fixtures and convenience outlets 
located below a level of seven feet from the surgery floor 
shall be of the vapor proof type as approved by the Under­
writers Laboratory for use in hazardous locations.

Open gas flames, electrical heating elements, portable 
electrical heaters, similar devices not of the type approved 
for the use in hazardous locations shall not be used in 
rooms subjected to combustible anesthetic gases. Gas fired 
sterilizers, hot water heaters, similar equipment located in 
rooms directly adjacent to the surgery, having doors lead­
ing thereto, shall be located at a distance of at least ten 
feet from the door leading into the surgery room. Excep­
tion to this may be made at the discretion of the Commis­
sion if adequate mechanical ventilation which will eliminate 
the possible explosion hazards is provided in this room.

Heating in surgeries and similar rooms shall be by 
steam radiator, hot water or some other device which would 
not contribute to the ignition of combustible gases.

Special precaution shall be taken at all times toward the 
elimination of static electricity which might provide the 
ignition of combustible anesthetic gases within this type of 
occupancy. This may be accomplished by the use of the 
Horton intercoupler, the electro-static grounding intercoup­
ler, or a method of applying a conductive rubber floor cover­
ing properly grounded, or some other recognized means of 
adequately eliminating the possibility of static electricity. 
Recognition is also given to the maintenance of a humidity

Rules and Regulations for Hospital Licensure
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148a

within the surgery room which will greatly reduce the static 
hazard.

Every effort should be made to prevent the use of open 
lights of any description, radio knives, high frequency 
electrical apparatus, live cauteries, or any other source of 
ignition in the vicinity of combustible anesthetic gases.

Smoking is prohibited in surgeries or in similar hazard­
ous areas, or within ten feet of the doorway of any room 
in which combustible anesthetic gases are being used.

B. ACCOMMODATIONS FOR PATIENTS 
1. Rooms

Each patient’s room shall have an outside exposure. 
Rooms extending below ground level shall not be used for 
patients unless they are dry, well ventilated, have the 
required window space and are otherwise suitable for oecu- 
pany. New Construction: No patient’s room shall be al­
lowed below ground level.

No room shall be used for bed care of patients which can 
only be reached by passing through another patient’s room.

a. Floor Area

Beds must be spaced so as to provide adequate room 
for nursing procedures and to prevent the transmission of 
infection. Beds must be placed at least three feet apart. 
Neiv Construction: Private rooms shall have a minimum of' 
100 square feet floor area. Semi-private rooms or wards 
shall have a minimum of 80 square feet per bed with at least 
3 feet between beds.

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149a

b. Window Area

Window area shall not be less than one-eighth of the 
floor area.

c. Doors

Doors to patients rooms should be sufficiently wide to 
permit easy removal of the occupied bed with at least a 
4-inch overall clearance. Vision panels should be placed in 
all double acting doors.

d. Storage Space

There shall be satisfactory safe storage space for cloth­
ing, toilet articles, valuables, and other personal belongings 
of the patients.

2. Room Furnishings

A separate bed shall be provided for each patient with 
separate mattresses, pillow and bedding.

Gateh beds or equivalent shall be provided unless other­
wise indicated by the type or medical condition of the 
patient.

There shall be a chair and bedside table for each patient.

a. Signals

Means of signaling nurses must be provided within easy 
reach of the patient confined to bed.

b. Patients’ Screens

Screens shall be provided in wards or multi-bedrooms in 
order to secure privacy for each patient.

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150a

New Construction: All wards or multi-bedrooms shall be 
provided with cubicle curtains, or equivalent equipment 
which shall completely shield the patient.

3. Bedside Equipment

Individual bedpans, wash basins and mouth wash cups 
shall be provided for each patient. This equipment shall 
be plainly marked for each patient, stored so that it cannot 
be inter-changed and shall be sterilized when the patient 
is discharged.

Thermometers must be sterilized before each use.
Hot water bags must be covered before being placed in 

bed and carefully checked for temperature and leakage.
Electrical heating pads shall be checked at least annually 

by an electrician.
Restraints may be applied only when they are necessary 

to prevent injury to the patient or to others, and shall be 
used only when alternative measures are not sufficient to 
accomplish these purposes. In applying restraints, careful 
consideration shall be given to the method by which they 
may be speedily removed in case of fire or other emergency.

Oxygen apparatus either for nasal oxygen or oxygen 
tents, shall be provided in adequate amounts.

4. Central Supply and Sterilising

In hospitals of 100 or more beds, there shall be a central 
supply room with adequate facilities for sterilization of 
supplies and equipment to be used in the hospital.

In hospitals of 100 or more beds, separate sterilizer rooms 
shall be required for obstetrical units and surgical units. 
Sterilizer space shall be required in a central supply room.

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151a

Adequate cabinets, cupboards or other suitable enclosed 
spaces shall be provided for keeping sterile equipment and 
supplies in a clean, convenient and orderly manner. All 
sterilization of supplies and equipment in a hospital shall 
be under the direct supervision of a registered nurse.

5. Service Room

Utility rooms shall have adequate lighting and ventila­
tion. They shall be conveniently located for efficient conduct 
of work.

A bedpan hopper shall be provided in each utility room 
and/or bedpan cleansing room. The bathtub, lavatory, or 
laundry tray shall not be used for cleaning the bedpan.

C. HEATING
1. Temperature

Heating plans shall be adequate to maintain a cold 
weather temperature of 70° F. in all rooms used by patients.

D. LIGHTING
1. Artificial

Each patient’s room must have artificial lighting adequate 
for reading and other uses needed.

Every room, including storage rooms, hallways, and 
others shall have sufficient artificial light to make all parts 
clearly visible and to permit efficient performance of all 
necessary work.

All hallways, stairways, inclines, ramps, and entrances 
shall be well lighted.

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152a

Rules and Regulations for Hospital Licensure
in North Carolina

2. Emergency

Safe emergency lighting facilities shall be provided and 
distributed so as to be readily available to personnel on 
duty at all times.

E. VENTILATION

Each patient’s room will have at least one window, open­
ing to the outside to permit ventilation and source of nat­
ural light.

Kitchens, bathrooms, and service rooms shall be located 
and ventilated by window or mechanical devices to prevent 
offensive odors from entering patient’s room and public 
halls.

F. STAIRWAYS & ELEVATORS

Stairways should be of a width and design which will 
easily accommodate removal of a patient by stretcher.

Elevators and machinery shall be so constructed and 
maintained as to comply with the regulations of the North 
Carolina Insurance Commission.

G. MAINTENANCE

The hospital structure and component parts and facilities 
shall be kept in good repair and maintained with considera­
tion for the safety and comfort of the patient.

H. SANITATION
1. Water Supply

The water shall be obtained from a municipal water sup­
ply or a private supply system, the location, construction,



153a

and operation of which will comply with the standards 
approved by the North Carolina State Board of Health..

The water shall be distributed to conveniently located 
taps and fixtures in the building.

There shall be an ample supply of hot water available 
at all times for general use.

All ice shall be washed, stored, handled, and served in a 
sanitary manner. Ice storage boxes, buckets and containers 
shall be maintained in good repair and kept clean. Buckets, 
containers, etc. shall be stored so as not to be subject to 
contamination. Ice boxes shall be covered.

2. Sewage Disposal

Sewage shall be discharged into a municipal sewerage 
system where such a system is available; otherwise, the 
sewage shall be collected, treated, and disposed of in an 
independent sewerage system which complies with the 
standards approved by the State Department of Health.

3. Plumbing

a. Codes

All plumbing installed must be in accordance with the 
North Carolina Building Code.

b. Cross Connections and Back Siphonage

All plumbing facilities, whether for sterilization of uten­
sils, instruments or supplies, general water supply or waste 
disposals, shall be installed in such a manner as to com­
pletely prevent poossibility of cross connections between 
safe and unsafe supplies or back siphonage.

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154a

Rules and Regulations for Hospital Licensure
in North Carolina

c. Facilities

Toilet facilities shall be provided in reasonable ratio to 
the number and kind of patients cared for in the institution, 
and in reasonable ratio to the number of employees.

4. Garbage Disposal

All garbage and trash shall be kept in suitable receptacles 
in such manner as not to become a nuisance. Garbage shall 
be removed daily and all garbage cans shall be washed at 
least daily and kept clean.

A space for the refrigeration of garbage should be pro­
vided. There should be an adjacent cement floor area pro­
vided with a drain for washing and sterilizing the garbage 
cans by means of hot water and steam jets. This depart­
ment should obviously be accessible to the outside so that 
garbage can be readily removed.

5. Incineration

Incineration facilities shall be provided for disposal of 
infected dressings, surgical, and obstetrical waste and other 
similar material.

6. Screens

All outside doors, windows and other outside openings 
shall be screened against mosquitoes, flies, and other in­
sects. All screen doors shall open outward and be equipped 
with self-closing devices.

7. Handwashing

There shall be adequate handwashing facilities in the 
institution, within or conveniently located with regard to



155a

every patient’s room or patient caring service. Hand scrub­
bing sinks shall be provided in operating, delivery, and 
labor rooms, nurseries, examining and treatment rooms, 
and in rooms used in the isolation of patients. Handwash­
ing facilities must be provided for foodhandlers and other 
hospital employees.

I. HOUSEKEEPING
Housekeeping facilities and service are required to be 
such that comfortable and sanitary living conditions for 
patients and employees are maintained constantly. Ac­
cumulated waste material must be removed daily.

There must be a frequent cleaning of the floors, walls, 
woodwork, and windows.

The premises must be kept free from rodents and insect 
infestation.

Bath and toilet facilities must be maintained in a clean 
and sanitary condition at all times.

J. LINEN

A supply of towels, washcloths, bath blankets, and all 
other linen which comes directly in contact with the patient 
shall be provided as needed for each individual patient. 
No such linen should be interchangeable from one patient 
to another before being properly cleaned or laundered. 

Bedpan covers should not be used interchangeably.

K. LAUNDRY

The institution shall make provision for proper cleaning 
of linen and other washable goods with special provision 
for handling contaminated linen.

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156a

Where linen is sent to an outside laundry, it is advisable 
for the superintendent, or a responsible member of the 
staff, to visit such laundry and note facilities and methods 
for handling the hospital linen.

General Criteria Applying to Classification of 
Medical Facilities Subject to Licensure by the 

Medical Care Commission

The classification “Hospital” shall be restricted to facili­
ties that provide as their primary functions diagnostic 
services and intensive medical and nursing care in the 
treatment of acute stages of illness. On the basis of the 
specialized facilities and services available, each such hos­
pital will be licensed as to the following medical types: 
(1) general; (2) mental; (3) tuberculosis; (4) rehabilita­
tion, including orthopedics; (5) maternity; (6) pediatric;
(7) eye, ear, nose and throat; and (8) physician’s clinic- 
hospital. Extenuating circumstances will be considered in 
continuing the classification of a facility licensed as a hos­
pital prior to September 1, 1960.

All other medical facilities accepting patients requiring 
skilled nursing care that are not operated as a unit of a 
hospital within the above meaning shall be classified as a 
“ Nursing Home.”

Each facility applying for licensure will be classified in 
accordance with the determination of the Medical Care 
Commission.

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157a

SECTION VIII—TYPES OF LICENSES FOR 
HOSPITALS

A. CLASSIFICATION OF LICENSES
Each hospital license issued shall indicate thereon wheth­

er it is a Class I license or a Class II license or a Tem­
porary Conditional Hospital License in accordance with 
the provisions set out below:

1. Hospital License, Class 1, will be issued to new and 
existing hospitals that comply with the requirements 
of (a) the construction standards established in the 
State Building Code, (b) the Sanitary Regulations 
of the State Board of Health, and (c) the Rules and 
Regulations of the Medical Care Commission.

2. Hospital License, Class II, will be issued to existing 
hospitals that do not comply with the construction 
standards established in the State Building Code 
but have completed measures recommended by the 
State Insurance Department to provide to occupants 
a maximum of safety which can be afforded by com­
pliance with such recommendations, and otherwise 
have met the requirements of the Medical Care Com­
mission.

3. Temporary Conditional Hospital License will be is­
sued to hospitals that do not fully meet the require­
ments of (a) the construction standards established 
in the State Building Code and have not completed 
measures recommended by the State Insurance De­
partment to provide a minimum of safety, or (b) 
the State Board of Health, or (c) the Medical Care 
Commission, but which agree to correct the specific 
deficiencies in question within a prescribed period 
of time.

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158a

Certified to be a true and correct copy of the record on file 
in the offices of The North Carolina Medical Care Commis­
sion.

Date: April 24,1962

/&/ W illiam  F. H enderson

William F. Henderson, Executive Secretary 
The North Carolina Medical Care Commission

December 6,1961

Transmission of License
(Filed: May 4, 1962)

Mr. Harold L. Bettis
The Moses H. Cone Memorial Hospital 
Greensboro, North Carolina

Dear Administrator:

The Medical Care Commission is pleased to forward here­
with the license for your hospital for 1962. This license is 
renewed in compliance with Chapter 131, Article 13-A, of 
the General Statutes of North Carolina, and will remain in 
force through December 31, 1962, pending compliance with 
State licensing requirements. It must be conspicuously 
posted where patients are admitted and application for re­
newal of license should be made thirty days prior to the 
expiration date.

You will note that your hospital has been issued a Class I 
License. This classification is issued to those hospitals 
which, on the basis of available information, have basically 
complied with the requirements of (a) the construction 
standards of the North Carolina Building Code, (b) the



159a

Transmission of License

sanitary regulations of the State Board of Health, and (c) 
the Buies and Regulations of the Medical Care Commission.

The Commission appreciates your cooperation in furnish­
ing data required for the licensing program and the efforts 
of the hospital authorities during the past year in improving 
the quality of hospital service in North Carolina.

Tours very truly,

/ s /  W . 0 . L angley, J e.

W. 0. Langley, Jr. 
Hospital Analyst

WOLjr:bb

Enclosure: Class I
License Number 159 
Type General



160a

Certified to be a true and correct copy of the record on file 
in the offices of The North Carolina Medical Care Commis­
sion.

Date: April 24,1962

/ s /  W illiam F. Henderson

William F. Henderson, Executive Secretary 
The North Carolina Medical Care Commission

November 17,1961
Mr. A. 0. Smith 
Administrator
Wesley Long Community Hospital 
Greensboro, North Carolina

Dear Mr. Smith:

Transmitted herewith is a Class I license for the Wesley 
Long Community Hospital, which is issued in recognition 
of the completion of the new buildings that comply in full 
with hospital licensing standards. This license applies to 
the new physical plant with the understanding that the ex­
isting obsolete facilities will be abandoned immediately for 
hospital purposes. The license is to be displayed in a con­
spicuous place within the new building.

Transmission of License
(Filed: May 4, 1962)



161a

Transmission of License

The Commission congratulates your Board of Trustee 
and the community in their efforts in qualifying the new 
Wesley Long Community Hospital for full licensure.

Tours very truly,

William F. Henderson

WFH :eco
Enclosure: License No. 20 

Class I
Effective Date: November 20,1961— 

December 31,1962



162a

A PROGRAM IN NURSING EDUCATION AT THE 
WOMAN’S COLLEGE, GREENSBORO,

NORTH CAROLINA
P rogram

The Woman’s College of the University of North Caro­
lina offers a two year program in Nursing Education. 
This program of two calendar years qualifies the stu­
dent to become a registered nurse, entitles her to the 
degree of Associate in Applied Science from the Wo­
man’s College, and affords her all of the opportunities 
inherent as a University student.

W here

All academic work is taken at the Woman’s College 
campus. The major portion of the clinical work is done 
in the Moses H. Cone Memorial Hospital in Greens­
boro, N. C.

Curriculum

The academic program at the Woman’s College includes 
courses in Biology, Chemistry, English, Nursing, Physi­
cal Education, Psychology and Sociology. Nursing la­
boratory experience is in the Moses H. Cone Memorial 
Hospital and other health agencies.

I nternship

Following the second year there is a four month in­
ternship at the Moses H. Cone Memorial Hospital. The 
internship provides a nursing practicum. A salary is 
paid during this time.

Brochure of Woman’s College
(Filed: May 4, 1962)



163a

Brochure of Woman’s College

Degree

The Nursing Education graduation exercises are held 
at the Woman’s College after completion of the intern­
ship at which time the student is granted the Degree of 
Associate in Applied Science.

L icenstjre
A student is eligible, upon satisfactory completion of 
the Nursing Education Program, to take the Registered 
Nurse Licensing Examinations.

A dmission
Admission requirements are the same as for other stu­
dents in the College (see catalogue). In addition, a 
personal interview with the Director of the Depart­
ment of Nursing Education is required. Further in­
formation and application forms can be obtained by 
writing to the Director of Admissions, Woman’s Col­
lege of UNC.

Cost
'The over-all cost (including tuition, room, meals, etc.) 
is the same for all students in the College (see cata­
logue). Other expenses include books, uniforms, caps, 
shoes, etc.

Scholarships 
and L oans

Several scholarships are awarded to students in the 
Nursing Education Program. Funds are also available 
from the College Loan Fund. For specific information 
write to the Student Air Officer, Woman’s College of 
UNC.



164a

Excerpt From Woman’s College Catalogue

(Filed: May 4, 1962)

[Page 168]
#  * #  #  #

DEPARTMENT OF NURSING EDUCATION

B oehket (Acting Head of the Department and Assistant 
Professor); Instructors Galer, Horton, K orn, Seligson.

The Department of Nursing Education offers a two-year 
program at Woman’s College and Moses H. Cone Memorial 
Hospital. A six-week summer session in Psychiatric Nurs­
ing at John Umstead Hospital at Butner, N. C. follows the 
first year of academic work. The two years of academic 
work at the college are followed by a four-month practicum 
for which a salary is paid. Students are eligible to take the 
Registered Nurse Licensing Examination. Admission re­
quirements and tuition fees are the same as for all students 
in the college. Graduation exercises are held upon comple­
tion of the practicum.

#  *  *  #  *



165a

Motion to Intervene

(Filed: May 8, 1962)

The United States of America, pursuant to Title 28, Sec­
tion 2403, United States Code, and Eule 24 of the Federal 
Rules of Civil Procedure, moves to intervene as a party 
herein for the purpose and with all the rights provided by 
Title 28, Section 2403, United States Code, and by said 
Rule 24, on the grounds that the constitutionality of an 
Act of Congress, Title VI of the Public Health Service Act 
(42 U. S. C. 291 et seq.), affecting the public interest is 
drawn into question in this action and neither the United 
States, nor any agency thereof, nor any officer or employee 
thereof, as such officer or employee, is a party hereto.

Annexed hereto is the Pleading of the United States in 
Intervention which is filed in accordance with Rule 24(c) of 
the Federal Rules of Civil Procedure.

/ s /  B urke Marshall

Burke Marshall 
Assistant Attorney General

William H. Murdock 
United States Attorney

/ s /  St. J ohn B arrett

St. John Barrett, Attorney 
Department of Justice

/s/ T heodore R. Newman, Jr.
Theodore R. Newman, Jr., Attorney 
Department of Justice



166a

Pleading of the United States in Intervention

(Filed: May 8, 1962)

The United States, as Intervenor herein, for its pleading 
in intervention alleges:

1. The constitutionality of an Act of Congress affecting 
the public interest, the Hill-Burton Act (Title VI of the 
Public Health Service Act, 42 U. S. C. 291 et seq., hereafter 
called the Act) is drawn in question in this action.

2. Except by this intervention, neither the United States 
of America nor any agency thereof nor any officer or em­
ployee thereof as such officer or employee is a party hereto.

3. The pleadings whereby the constitutionality of the 
Act has been drawn in question is the plaintiffs’ complaint 
wherein they claim that the Act deprives them, and the 
class they represent, of rights, privileges and immunities 
guaranteed by the due process and equal protection clauses 
of the Fourteenth Amendment and the due process clause 
of the Fifth Amendment.

4. The purpose of the Act is to assist the several States 
to inventory existing hospital and related facilities, and to 
survey and program for construction of additional hospital 
and related facilities; to assist in the construction of public 
and other nonprofit hospitals in accordance with the State 
program; and to authorize the Surgeon General to make 
certain grants for research, experiments and demonstra­
tions relating to effective utilization of hospital services, 
facilities and resources.

5. The Act requires that, to be eligible to participate in 
program of aid grants established by the Act, the State



167a

must designate a single agency for carrying out the pur­
poses of the Act and must adopt a State Plan for construc­
tion of public and nonprofit hospitals, which will afford, in 
conjunction with existing facilities, the necessary physical 
facilities for furnishing adequate hospital services.

6. Section 622(f) of the Act (42 U. S. C. 291e(f)) pro­
vides that the Surgeon General shall, by general regula­
tions, prescribe:

“ (f) That the State plan shall provide for adequate hos­
pital facilities for the people residing in a State, with­
out discrimination on account of race, creed, or color, 
and shall provide for adequate hospital facilities for 
persons unable to pay therefor. Such regulation may 
require that before approval of any application from 
a hospital or addition to a hospital is recommended by 
a State agency, assurance shall be received by the 
State from the applicant that (1) such hospital or ad­
dition to a hospital will be made available to all per­
sons residing in the territorial area of the applicant, 
without discrimination on account of race, creed or 
color, but an exception shall be made in cases where 
separate hospital facilities are provided for separate 
population groups, if the plan makes equitable pro­
vision on the basis of need for facilities and services of 
like quality for each such group; and (2) there will be 
made available in each such hospital or addition to a 
hospital a reasonable volume of hospital services to 
persons unable to pay therefor, but an exception shall 
be made if such a requirement is not feasible from a 
financial standpoint.”

7. In September 1946, the State of North Carolina, act­
ing through the North Carolina. Care Commission, filed

Pleading of the United States in Intervention



168a

with the Public Health Service an application, pursuant to 
the Act for federal funds to conduct a survey of existing 
hospital and related facilities in North Carolina, The ap­
plication was approved and, following an allotment of funds 
to the State, the North Carolina Medical Care Commission 
filed a state plan with the Public Health Service. This plan 
was approved by the Surgeon General on July 8, 1947, and, 
with periodic revisions, has remained in effect to the time 
of the filing of this pleading.

8. The State plan provides for the division of Guilford 
County, North Carolina into two hospital service areas, the 
Greensboro Hospital Service area and the High Point Hos­
pital service area.

9. Greensboro is one of several hospital service areas 
where, pursuant to the State plan as approved by the Sur­
geon General, separate hospital facilities are provided for 
separate population groups.

10. Defendant, Moses H. Cone Memorial Hospital, Inc., 
is a body corporated under and by virtue of the laws of 
North Carolina. Pursuant to its corporate charter, it has 
established and now maintains a State licensed hospital in 
Greensboro, North Carolina known as the Moses H. Cone 
Memorial Hospital. 11

11. Defendant, Wesley Long Community Hospital, Inc., 
is a body corporate under and by virtue of the laws of North 
Carolina. Pursuant to its corporate charter, it has estab­
lished and now maintains a State licensed hospital in 
Greensboro, North Carolina known as the Wesley Long 
Community Hospital.

Pleading of the United States in Intervention



169a

12. Pursuant to the State plan, the Moses Cone Memo­
rial Hospital, submitted project application numbers NC-86, 
dated June 17,1950, and NC-330, dated October 28,1959, for 
hospital construction.

13. The North Carolina Medical Care Commission ap­
proved project numbers NC-86 and NC-330 and submitted 
them to the Surgeon General.

14. On July 11, 1950, the Surgeon General approved 
project NC-86 and authorized the expenditure of $462,000 
as the federal ajjproved share of a total project cost of 
$5,277,023.

15. On March 17, 1960, the Surgeon General approved 
project NC-330 and authorized the expenditure of $697,950 
for general hospital construction as the federal approved 
share of a project cost of $1,850,000 and an expenditure of 
$110,000 for a diagnostic and treatment center as the fed­
eral approved share of a total project cost of $240,000.

16. In project NC-86, as originally submitted to the 
Surgeon General by the Commission and as approved by 
him, the Commission stated that the applicant, Moses Cone 
Memorial Hospital, had given adequate assurances that 
the hospital facilities would be operated without discrim­
ination because of race, creed or color. In project NC-330, 
as submitted to the Surgeon General by the Commission and 
as approved by him, the Commission stated that the ap­
plicant, Moses Cone Memorial Hospital, had given ade­
quate assurance that the hospital facilities would be oper­
ated without discrimination because of race, creed, or color.

17. On April 15, 1960, William F. Henderson, Executive 
Secretary of the Commission wrote to the Public Health

Pleading of the United States in Intervention



170a

Service stating that project application NC-330 had in­
correctly stated the intention of the Moses Cone Memorial 
Hospital with respect to the assurances that the hospital 
facilities would be operated without discrimination because 
of race, creed, or color. By amendment submitted to the 
Surgeon G-eneral and approved by him on April 19,1960, the 
Commission and the Moses Cone Memorial Hospital with­
drew the non-discrimination assurance previously given.

18. Pursuant to the provisions of the State plan adopted 
by the North Carolina Medical Care Commission and ap­
proved by the Surgeon General, the Wesley Long Com­
munity Hospital submitted project number NC-311, dated 
November 18, 1958; project number NC-353, dated some­
times prior to January 12, 1961; and project number NC- 
358, dated February 1, 1961, all for general hospital con­
struction. The North Carolina Medical Care Commission 
approved all these projects and submitted them to the Sur­
geon General.

19. On June 30, 1959, the Surgeon General approved 
project NC-311 and authorized the expenditure of $1,617,150 
as the federal approved share of a total project cost of 
$3,240,722. On May 15,1961, the Surgeon General approved 
project NC-353 and authorized the expenditure of $66,000 
as the federally approved share of a total project cost of 
$120,000. On December 15, 1961, the Surgeon General ap­
proved project NC-358 and authorized the expenditure of 
$265,650 as the federal approved share of a total project 
cost of $492,636.

20. The Wesley Long Community Hospital has not given 
assurance that it will operate its facilities without discrim­
ination because of race, creed or color.

Pleading of the United States in Intervention



171a

21. As of the date of the filing of these pleadings, the 
United States has paid to the Treasurer of the State of 
North Carolina the sum of $1,229,552.50 on projects NC-86 
and NC-330 for the Moses Cone Memorial Hospital. The 
facilities for which these funds were paid have been con­
structed and are presently being used.

22. As of the date of the filing of these pleadings, the 
United States has paid to the Treasurer of North Carolina 
the sum of $1,596,301.60 on projects NC-311 and NC-353 
for the Wesley Long Community Hospital. The facilities 
for which these funds have been expended are still under 
construction as of the date of the filing of this pleading.

23. The Moses Cone Memorial Hospital has refused and 
is presently refusing to admit Negro patients on the same 
terms and conditions as white patients.

24. The Wesley Long Community Hospital has refused 
and is refusing to admit Negro patients on the basis of race.

25. The conduct complained of in paragraphs 23 and 24 
above is authorized by the State plan described in para­
graph 7 above which was adopted pursuant to the Act and 
the regulations thereunder.

26. The conduct described in paragraphs 23 and 24 above 
violates the Fourteenth Amendment of the Constitution.

27. This matter involves an actual controversy which can 
be resolved by this Court.

W herefore, the United States prays that this Court de­
clare that so much of Section 291e(f) of Title 42, U. S. C. as

Pleading of the iUnited States in Intervention



172a

authorizes the Surgeon General to prescribe regulations 
concerning separate hospital facilities for separate popula­
tion groups is unconstitutional, null and void and prays for 
such other relief as justice may require.

/ s /  B urke Marshall 
Burke Marshall 
Assistant Attorney General

Pleading of the United States in Intervention

William H. Murdock 
United States Attorney

/ s /  St. J ohn B arrett
St. John Barrett, Attorney 
Department of Justice

/s/ T heodore B. Newman, Jr.
Theodore E. Newman, Jr., Attorney 
Department of Justice



173a

(Filed May 14,1962)

City of W ashington,
D istrict of Columbia, s s . :

Alanson W. Willcox, being duly sworn, deposes and 
says:

I am the General Counsel of the Department of Health, 
Education, and Welfare, and have prepared the attached 
“ Note on the Public Character of Nonprofit Hospitals” for 
purposes of the above-entitled case. The attached note has 
been reviewed and approved by Dr. Jack C. Haldeman, 
Chief, Division of Hospital and Medical Facilities, United 
States Public Health Service.

My present position, which I have held since January 
1961, entails responsibility for all legal service to the De­
partment. Day-to-day legal advice to the Public Health 
Service is rendered by a division of this office, but I keep 
in personal touch with and participate in advice on major 
issues.

From late 1956 until January 19611 was General Counsel 
of the American Hospital Association. In that capacity, I 
was in constant contact with officials of the Association who 
are hospital administrators, as well as with other staff per­
sonnel thoroughly versed in hospital matters, and I made 
extensive study of certain legal aspects of hospital oper­
ation. I attended substantially all meetings of the Associ­
ation’s Board of Trustees during those years, and many 
meetings of Association councils. My work with the Asso­
ciation, and the contacts it involved with informed individ­
uals and groups, gave me a fairly comprehensive familiarity 
with the structure and functioning of the hospital system of 
the country.

Affidavit and Report of Alanson W. Willcox



174a

From 1947 to 1953 I was General Counsel of the Federal 
Security Agency, predecessor of the present Department 
of Health, Education, and Welfare, with duties similar to 
my present duties, including responsibility for legal advice 
to the Public Health Service. Prior to 1947 I was an As­
sistant General Counsel of the Federal Security Agency, 
and in that capacity participated actively in drafting the 
Public Health Service Act of July 1, 1944 (42 U. S. C., 
Chap. 6A), and was the principal technical draftsman of 
the Hospital Survey and Construction Act (commonly 
known as the Hill-Burton Act) of August 13, 1946, which 
became Title VI of the Public Health Service Act (42 
U. S. C., Chap. 6A, Subchap. IV).

A lanson W . W illcox 
General Counsel

Affidavit and Report of Alanson W. Willcox

Sworn to before me on this 
10th day of May, 1962.

Albert C. A llen 
Notary Public 
My comm. exp. 10-31-66

( S e a l )



175a

NOTE ON THE PUBLIC CHARACTER OF 
NONPROFIT HOSPITALS

The hospital system of the country is divided, in terms 
of ownership and control, into three segments: govern­
mental private nonprofit (the so-called “voluntary” hos­
pitals), and proprietary. The American Hospital Associ­
ation listing for 1960 shows nonfederal short-term general 
(and “other special” *) hospitals divided as follows:

Affidavit and Report of Alanson W. Willcox

Institutions Beds

Governmental (Listed
(Accredited**

1,260
524

156.000
121.000

Private nonprofit (Listed
(Accredited

3,291
2,276

446.000
403.000

Proprietary (Listed
(Accredited

856
154

37.000
14.000

Governmental hospitals are for the most part owned by 
counties, municipalities, or in some States hospital districts. 
Except for State university hospitals, State institutions are 
generally confined to mental, tuberculosis or other spe­
cialized hospitals. County and municipal hospitals include 
some, mostly in the larger cities, that are operated exclu­
sively or primarily for indigents who are expected to pay 
little or nothing for their care. Most governmental general 
hospitals, however, operate in much the same fashion as 
private nonprofit institutions, described below. These gov­
ernmental institutions serve as general community hospi-

* E.g., pediatric hospitals and maternity hospitals. Figures do not include 
psychiatric hospitals. See, H ospitals, Journal o f  the Am erican  H ospital A sso ­
ciation  (Aug. 1, 1961, part 2, page 428).

** By the Joint Commission on the Accreditation of Hospitals.



176a

tals, accept paying patients, and grant staff privileges to 
local physicians who bill their patients as private practi­
tioners. These hospitals differ little from private nonprofit 
hospitals except in the manner of selection of the govern­
ing boards, and sometimes in having a call upon tax funds 
to meet deficits.

The nonprofit community hospital was originally, and 
still is in the older parts of the country, the backbone of 
our general hospital system. The older hospitals were or­
ganized, frequently under religious auspices, primarily as 
institutions for care of the sick poor. With the tremendous 
growth of curative medicine in the last forty years and its 
increasing concentration in the hospital, these older institu­
tions, and their modern counterparts both public and non­
profit, have become centers for the care of the entire popu­
lation, and thus centers for the practice of medicine in its 
treatment of the seriously ill. Not only does the hospital 
provide the attending physician with expert nursing care 
of his patient, but it supplies also a wide range of ancillary 
services and facilities. Operating and delivery rooms and 
at least minimal laboratory and X-ray services are found 
in all community general hospitals; the larger and better 
hospitals place a great and ever-growing complex of pro­
fessional, subprofessional and technical services at the dis­
posal of the clinician. Typically the hospital employs or 
contracts with medical specialists to head pathology, radi­
ology, and sometimes other departments; but typically the 
care of the individual patient is the responsibility of a pri­
vate practitioner who enjoys staff privileges but has no 
financial relationship with the hospital.

Staff privileges, classified and sometimes graduated in 
accordance with the qualifications of the individual physi­
cian, are granted by the governing board on reeommenda-

Affidavit and Report of Alanson W. Willcox



177a

tion of the medical staff or a staff committee. Membership 
on a hospital staff has become essential to the practice of 
many branches of medicine, and the interchange it provides 
is also an important element in the continuing professional 
education of the practitioner. The organized medical staff 
of a hospital, and its committees that review the work of 
individual practitioners, constitute for most physicians the 
single exception to the individualistic pattern of practice 
which has been traditional in the medical profession.

The larger hospitals, both governmental and nonprofit, 
perform substantial educational functions, most notably in 
graduate medical education and in the training of profes­
sional nurses. These teaching hospitals are generally re­
garded as providing, by and large, the highest quality of 
care. A hospital internship has become an almost universal 
prerequisite to medical practice, and a residency is essential 
to qualification as a specialist. Eighty-five per cent of the 
registered nurses of the country are produced by hospital 
schools of nursing. Some hospitals also train practical 
nurses, laboratory technicians, and a number of other para­
medical groups. Although student services are availed of by 
the hospitals in varying degree, these educational activities 
incur substantial net deficits which are generally recouped 
by charging paying patients somewhat more than the im­
mediate cost of services to them.

Nonprofit hospitals are controlled by governing boards 
which usually either are self-perpetuating or are selected 
by religious bodies with which hospitals are affiliated. The 
hospitals and their property are widely exempted from 
taxation. For purposes of the Federal income tax, includ­
ing deductibility of gifts to them, they are classified as 
charitable institutions. States and localities almost uni­
versally exempt these hospitals from real estate taxes,

Affidavit and Report of Alanson W. Willcox



178a

either as charities or by more specific provision. They 
enjoy also many exemptions from excise and other forms 
of tax.

By contrast with public and nonprofit community hos­
pitals, proprietary hospitals are essentially business under­
takings, commonly owned and operated by members of the 
medical profession. Although there are conspicuous excep­
tions, most of them are relatively small; most of them as­
sume no general community responsibility, and feel rela­
tively free to turn away patients who cannot pay; most 
of them undertake no teaching activities. They are of course 
not generally exempt from taxes. As noted above, rela­
tively few of them are accredited.

By the mid-1940’s the accumulated deficit of hospital con­
struction resulting from the depression and the war, and 
the increasing essentiality of hospitals to medical care, pre­
sented a critical situation. This was especially true in the 
smaller cities and rural areas, where it was becoming ex­
tremely difficult to attract physicians because of lack of 
hospital facilities.

The Hill-Burton Program (Title VI of the Public Health 
Services Act) was the result. The Act required that States 
wishing to participate should first inventory their existing 
facilities, and develop Statewide plans for such additional 
facilities—governmental or nonprofit—as would provide 
adequate service for all the people of the State. This re­
quirement of Statewide plans was an important innovation, 
bringing a measure of order into what had theretofore 
been determined by the accident of individual local deci­
sions. The State plans were to be revised from time to 
time to reflect population changes and other factors, such 
as construction carried on independently of the Hill-Burton

Affidavit and Report of Alanson W. Willcox



179a

program (which has, in fact, roughly equaled in volume 
the construction aided by the program).

Although State construction programs were required to 
establish priorities in accordance with Federal standards 
based primarily on the relative shortage of facilities, in 
some other respects the States were left a free hand, in 
selecting the projects to be aided. Specifically, as between 
a public and a nonprofit project in a given community, or 
as between competing nonprofit projects, the State was 
made the arbiter; in those States that provided racially 
separate facilities, the option to approve “ separate but 
equal” hospitals for Federal aid was left to the State.

To summarize:
1. Community hospitals have become essential, both to 

provide hospital service to the people of the community 
and to enable its physicians to practice good medicine .

2. The functions of such hospitals can be, and are, per­
formed equally well by governmental and by private non­
profit institutions. Not only do the two kinds of institu­
tions perform the same community functions, but they do 
so in the same way and with the same relationships to 
their patients and to the practicing profession. They enjoy 
substantially the same freedom from taxation, and often 
the same or similar support from public funds. Such dif­
ferences as there may be in the make-up of the governing 
boards or in the financial structure are usually all but in­
visible to patients or to physicians.

3. The Hill-Burton Act recognizes the interchangeability 
of public and nonprofit community hospitals and aids the 
two on the same terms, leaving the choice in each individual 
case to the community and the State. The State plan must 
be addressed to the provision of adequate facilities for all

Affidavit and Report of Alanson W. Willcox



180a

Affidavit and Report of Alanson W. Willcox

of the people of the State, but effectuation of the plan may 
be through any combination of public and nonprofit in­
stitutions. Each institution must be open to all people of 
the community unless the State elects to approve “ separate 
but equal” facilities for separate groups.



181a

(Filed: June 8, 1962)

Naomi W . W ynn being duly sworn, says:
(1) That she is the Dean of the School of Nursing of the 

Agricultural & Technical College of North Carolina, and 
has held that position since August, 1957;

(2) That the Agricultural & Technical College of North 
Carolina has been permitted to use the facilities of The 
Moses H. Cone Memorial Hospital, in Greensboro, North 
Carolina, to provide clinical experience for its nursing stu­
dents since 1954; that the arrangement between the College 
and the Hospital was originally made, and is continued 
from year to year, at the request of the College and upon 
the voluntary approval of the Board of Trustees of the 
Hospital; that the sole objective of the program is to foster 
student learning, and that under the program, the Hospital 
simply serves as a laboratory in which this learning may 
be facilitated; and that no fees are charged the College 
by the Hospital for the use of its facilities, but that the 
arrangement is simply a privilege voluntarily granted to 
the College by the Hospital;

(3) That the entire nursing program at the Agricultural 
& Technical College of North Carolina, in all of its facets, 
is planned, controlled, and supervised by the College, and 
the Hospital merely permits the College to use its facilities 
in furtherance of the program; that while the student 
nurses engaged in the program are in the Hospital, they 
are under the direct supervision and control of the College 
faculty, and not of the Hospital; that the entire program is 
planned by the College as a learning experience; that no 
replacement of any personnel on the service staff of the

Affidavit of Naomi W. Wynn



182a

Hospital by the student nurses engaged in the College 
nursing program is intended, and no such replacement oc­
curs; and that the students are in the Hospital to learn, 
and not to serve, and they do not render valuable services 
to the Hospital for which the Hospital would otherwise pay 
substantial sums;

(4) That the School of Nursing of the Agricultural & 
Technical College of North Carolina uses many other facili­
ties, both public and private, in the same way in which it 
uses the facilities of The Moses H. Cone Memorial Hos­
pital, and to provide the same sort of laboratory training 
or clinical experience which the College deems essential to 
the educational process in the School of Nursing;

(5) That she has read the affidavit of Barbara Wise, 
senior nursing student at the Agricultural & Technical 
College of North Carolina, heretofore filed in this action; 
that the “ typical training day at The Moses H. Cone 
Memorial Hospital” outlined by Miss Wise may be typical 
of those days actually spent by the student nurses from 
the College in their planned learning experiences at the 
Hospital, but that a senior nursing student at the College 
would not normally spend more than eight weeks at Cone 
Hospital in such clinical experience during her senior year, 
and would spend even less time in such experience at Cone 
Hospital during the earlier years of her program; that the 
student nurse would also spend similar periods in planned 
learning experiences at other institutions and agencies, 
both public and private, and in Greensboro and out of town; 
and that Miss WTise has neglected to emphasize the fact that 
everything a student nurse from the College does during 
her clinical experience at the Cone Hospital is planned, 
assigned, supervised, and evaluated by her College instruc-

Affidavit of Naomi W. Wynn



183a

tor, and that she is graded on her performance by her 
instructor as a part of her College grade.

This the 30th day of May, 1962.

Affidavit of Naomi W. Wynn

Naomi W . W ynn

Subscribed and sworn to before me this 30th day of May, 
1962.

Madge S. Qmohtjndro 
Notary Public

My commission expires 
Nov. 27, 1962.

(Seal)



184a

(Filed: June 8, 1962)

A lice C. B oehret, being duly sworn, says:

(1) That she is the Head of the Department of Nursing 
Education at the Woman’s College of the University of 
North Carolina, with the rank of Assistant Professor; that 
she has been in the Department of Nursing Education since 
it was established in 1957, and was the first instructor 
assigned to the Department; and that she became Acting 
Head of the Department in 1960, and Head of the Depart­
ment in 1961;

(2) That the Department of Nursing Education of the 
College has been permitted to use the facilities of The Moses 
H. Cone Memorial Hospital, in Greensboro, North Carolina, 
to provide clinical experience for its nursing students since 
September, 1957; that the Hospital has voluntarily made 
its facilities available to the College for this purpose with­
out charge; and that the entire program of nursing educa­
tion at the College is planned, controlled, and supervised 
by the College, and Cone Hospital merely permits the Col­
lege to use its facilities in furtherance of this educational 
program of the College;

(3) That while the student nurses engaged in the nursing 
educational program of the College are in Cone Hospital, 
they are under the direct supervision and control of the 
College faculty, and not of the Hospital, and the College 
faculty is charged with the responsibility for their super­
vision ; that the College determines the number of students 
who shall be sent to the Hospital, and the hours they shall 
devote to clinical experience in the Hospital; that the stu­
dent nurses engaged in the nursing educational program

Affidavit of Alice C. Boehret



185a

of the College do not replace any personnel on the service 
staff of the Hospital; and that the student nurses from 
the Woman’s College do not render valuable services to 
Cone Hospital for which the Hospital would otherwise pay 
substantial sums.

This the 1 day of June, 1962.
A lice C. B oehbet

Affidavit of Alice C. Boehret

Subscribed and sworn to before me this 1st day of June, 
1962.

Madge S. Omohttndro 
Notary Public

My commission expires 
Nov. 27, 1962.

(Seal)



186a

Notice

A ffidavit in  R eply to Opposition to Plaintiffs’ Motions

Plaintiffs hereby attach, as Plaintiffs’ Exhibit P, the 
affidavit of George C. Simkins, Jr., in reply to defendants’ 
opposition to plaintiffs’ Motions for Summary Judgment 
and Preliminary Injunction and in further opposition and 
reply to defendants’ Motion to Dismiss.

Respectfully submitted,

Jack Greenbekg 
James M. Nabrit, III 
Michael Meltsneb 

10 Columbus Circle 
New York 19, New York

CONBAD 0 .  PEABSON

203% East Chapel Hill Street 
Durham, North Carolina

Attorneys for Plaintiffs



187a

Affidavit of George C. Simkins, Jr.

(Filed: June 15, 1962)

North Carolina 
Guilford County

I, George C. Simkins Jr., am a licensed dentist, and have 
been practicing dentistry in Greensboro, North Carolina 
since August 1949.

My patient, Donald R. Lyons, has an impacted lower 
third molar that he wished removed at a hospital where 
the best dental facilities are available. In this area the 
only dental facilities available are at the Wesley Long 
Community Hospital and the Moses Cone Memorial Hos­
pital. Both hospitals have dental X-rays and dental chairs. 
The Wesley Long Hospital also has a Weber dental unit 
with a light and a dental handpiece.

The L. Richardson Hospital which admits Negro patients 
has no dental facilities available whatsoever.

It is very necessary that an X-ray be available before 
attempting to remove an impacted third molar. L. Richard­
son Memorial Hospital has no dental X-ray or dental chair.

George C. Simkins J r.
Affiant

Subscribed and sworn to before me this 13th day of June 
1962.

Gladys K. Minor 
Notary Public

My Commission expires: October 8, 1962



188a

Order Allowing Intervention

(Filed: June 26, 1962)

The motion of the United States to intervene, having 
regularly come on for hearing this day, the Court having 
heard argument of counsel, and the Court being of the 
opinion that the complaint in this case draws into question 
the constitutionality of a portion of Section 291e(f) of 
Title 42 of the United States Code, which is an Act of 
Congress affecting the public interest,

It is Obdebed that the motion of the United States be 
granted and the United States is allowed to intervene as 
a party to the extent necessary for a proper presentation 
of the facts and law relating to the constitutionality of the 
statute above referred to. With reference to motions now 
pending before the Court, the United States will be heard, 
within the limitations just mentioned, on the plaintiff’s 
motion for summary judgment.

This the 26th day of July, 1962.

/ s /  E dwin M. Stanley

United States District Judge

Approved as to form :

Attorney for Moses H. Cone Memorial Hospital 
and Harold Bettis

Attorney for Wesley Long Community Hospital 
and A. 0. Smith



189a

Motion for Summary Judgment

(Filed: August 9, 1962)

The United States moves the Court for summary judg­
ment upon its pleading in intervention and for an order:

(1) Declaring unconstitutional, null and void, such part 
of the language of Section 291e(f) as reads “but an ex­
ception shall be made in cases where separate hospital 
facilities are provided for separate population groups, if 
the plan makes equitable provision on the basis of need 
for facilities and services of like quality for each such 
group”, and

(2) Enjoining Moses H. Cone Memorial Hospital, Wesley 
Long Community Hospital, Harold Bettis and A. 0. Smith 
from discriminating, on account of race and color, in the 
admission of patients to the two named hospitals.

This motion is based upon all of the pleadings, affidavits, 
and other documents heretofore filed by all of the parties 
to this action.

United States oe A mebica,
Intervenor,

By:

W illiam  H. M'tjkdock 
United States Attorney

St. J ohn B aebett, Attorney 
Department of Justice

H owabd A. Glickstein, Attorney 
Department of Justice



190a

Stipulation Between Intervenor and Defendants
Moses H. Cone Memorial Hospital and Harold Bettis

(Filed: August 10, 1962)

It is stipulated between the United States, Intervenor 
herein, and the Moses II. Cone Memorial Hospital and 
Harold Bettis, defendants herein, that the Motion to Dis­
miss which the said defendants filed on April 2, 1962, may 
be considered by the Court as directed against the pleading- 
in intervention as well as against the complaint of the 
plaintiffs.

It is further stipulated that the Court may decide the 
motion for summary judgment filed by the United States, 
Intervenor, and the Motion to Dismiss as directed against 
the pleading in intervention upon the basis of the record 
now before the Court.

Signed, on behalf of the United States, Intervenor, this 
2nd day of July, 1962:

St. J ohn B aeeett, Attorney 
Department of Justice

Signed, on behalf of the defendants Moses H. Cone Me­
morial Hospital and Harold Bettis, this ..............  day of
July, 1962:



191a

Stipulation Between Intervenor and Defendants 
Wesley Long Community Hospital and A. 0 . Smith

(Filed: August 10, 1962)

It is stipulated between the United States, Intervenor 
herein, and the Wesley Long Community Hospital and 
A. 0. Smith, defendants herein, that the Motion to Dismiss 
which the said defendants filed on April 2, 1962, may be 
considered by the Court as directed against the pleading in 
intervention as well as against the complaint of the plain­
tiffs.

It is further stipulated that the Court may decide the 
motion for summary judgment filed by the United States, 
Intervenor, and the Motion to Dismiss as directed against 
the pleading in intervention upon the basis of the record 
now before the Court.

Signed, on behalf of the United States, Intervenor, this 
2nd day of July, 1962:

St. J ohn Babbett, Attorney 
Department of Justice

Signed, on behalf of the defendants Wesley Long Com­
munity Hospital and A. 0. Smith, this ..............  day of
July, 1962:



192a

Order Denying Preliminary Injunction

(Filed: August 12, 1962)

The Court, having duly considered the plaintiffs’ Motion 
for Preliminary Injunction and documents in support there­
of, and the defendants’ Response to said Motion and docu­
ments in support thereof, and having heard the arguments 
of counsel;

And the Court having stated that it would decide the 
pending Motions to Dismiss by the defendants and the Mo­
tion for Summary Judgment by the plaintiffs during Au­
gust 1962;

And the Court being of the opinion and finding that the 
granting of a preliminary injunction as requested is not 
now clearly demanded under the circumstances, and that 
the injunction is not required pending the determination of 
the aforesaid Motions;

It is Obdered that the plaintiffs’ Motion for Preliminary 
Injunction be and the same is hereby denied.

This the day of July, 1962.
/ s /  E dwin M. Stanley

United States District Judge

Consented to as to form:
/s /  J ames M. Nabrit, III 

Of Counsel for the Plaintiffs.



193a

Reporter’s Transcript

(August 13, 1962)

H eabing on Motions

The matter of Defendants Motion to Dismiss, Plaintiff’s 
Motion for Preliminary Injunction, Plaintiffs’ Motion for 
Summary Judgment, and U. S. Attorney’s Motion to Inter­
vene, came on before the Court in the U. S. Courtroom, 
Post Office Building, Greensboro, N. C., on Tuesday, June 
26, 1962, by and before Judge Edwin M. Stanley, at which 
time and place C. 0. Pearson, Esquire, Michael Meltsner, 
Esquire, James Nabrit, Esquire, and J. Kenneth Lee, Es­
quire, appeared for the Plaintiff, and Herbert S. Falk, 
Esquire, Thornton II. Brooks, Esquire, and Charles E. Both, 
Esquire, appeared for the Defendants; and St. John Bar­
rett, Esquire, and Howard A. Glickstein, Esquire, Depart­
ment of Justice, Civil Eights Division, appeared for the 
II. S. Government.

Not later than July 20, the Plaintiffs and the Defendants 
will file Requests for Findings of Fact and Conclusions of 
Law, and any additional briefs either side desires to file. 
The United States will collaborate with Counsel for the 
Plaintiff in filing the Plaintiff’s Bequest for Findings of 
Fact and Conclusions of Law; the Findings of Fact and 
Conclusions of Law filed by the Plaintiff will embody all 
of the ideas of the Attorney General.

At the time the original Bequests for Findings of Fact 
and Conclusions of Law are filed with the Court, a copy 
shall be served on opposing counsel.

Not later than July 31st, Counsel shall file with the Court 
any objections to Bequest for Findings of Fact and Conclu­
sions of Law filed by opposing counsel, and the specific basis 
for the objection. However, before filing the objections,



194a

Reporter’s Transcript

Counsel shall confer in a good faith effort to resolve any 
difference of opinion with respect to a particular finding, 
and make a good faith effort to agree on any fact that is in 
dispute.

If any party desires to file any further brief, or cite any 
other case, in support of any contention, they may do so at 
the time the Requests for Findings of Fact and Conclu­
sions of Law are filed on July 31st. The matter will then be 
submitted to the Court for decision on Defendants Motion 
to Dismiss and the Plaintiffs Motion for Summary Judg­
ment without further argument unless the Court requests 
argument.

I, Arthur M. Jordan, Jr., Official Reporter of the District 
Court for the Middle District of North Carolina, do hereby 
certify that the foregoing is a true transcript from my notes 
of the entries made in the above-entitled Case No. C-57-G-62, 
before and by Judge Edwin M. Stanley, on June 26, 1962, 
in Greensboro, N. C.; and I do hereby further certify that 
a copy of this transcript was mailed to each of the above- 
named attorneys on July 11,1962.

Given under my hand this 11th day of July, 1962.

Official Reporter



195a

(Filed: December 5, 1962)

Stanley, Chief Judge:

Plaintiffs, Negro citizens, suing on behalf of themselves 
and other Negro physicians, dentists and patients similarly 
situated, seek injunctive and declaratory relief, alleging 
that the defendants have discriminated against them be­
cause of their race, in violation of the Fifth and Fourteenth 
Amendments to the United States Constitution. The relief 
sought is an injunction restraining the defendants from 
continuing to deny the admission of physicians and dentists 
to hospital staff privileges, and the admission of patients 
to hospital facilities, on the basis of race. Plaintiffs also 
seek a declaratory judgment that Section 291(e) (f) of 
Title 42, United States Code, and .Regulation 53.112 of the 
Public Health Service Regulations, issued pursuant there­
to, are unconstitutional and void as violative of the Fifth 
and Fourteenth Amendments to the United States Con­
stitution for the reason that said provisions provide for 
the construction of hospital facilities, and the promotion of 
hospital services, on a racially segregated basis. Sinee the 
constitutionality of an Act of Congress affecting the public 
interest had been drawn into the question, the United States, 
pursuant to 28 USC § 2403 and Rule 24(a) of the Federal 
Rules of Civil Procedure, moved to file a pleading in inter­
vention.

The complaint was filed on February 12, 1962. On April 
2, 1962, the defendants moved to dismiss the action for 
lack of jurisdiction of the subject matter for the reason 
that the plaintiffs were seeking redress for the alleged 
invasion of their civil rights by private corporations and

Findings of Fact, Conclusions of Law and Opinion



196a

individuals. On May 4, 1962, the plaintiffs moved for sum­
mary judgment and a preliminary injunction. On May 8, 
1962, the United States moved to intervene. On June 26, 
1962, the Court held a full hearing on all pending motions, 
at the conclusion of which an order was entered granting 
the motion of the United States to intervene. On July 12, 
1962, an order was entered denying plaintiffs’ motion for a 
preliminary injunction, the Court being of the opinion that 
the injunction was not required pending the final determi­
nation of the action on the plaintiffs’ motion for summary 
judgment and the defendants’ motion to dismiss.

At the hearing conducted on pending motions, the parties 
conceded that there was no dispute as to any material fact, 
and the defendants conceded that if, on the basis of the 
pleadings, exhibits, affidavits and admissions filed, it should 
be determined that the defendant hospitals were instru­
mentalities of the State, the plaintiffs were entitled to the 
injunctive relief sought. On the other hand, the plaintiffs 
conceded that if the defendant hospitals were not shown 
to be instrumentalities of the State, the Court lacked juris­
diction and the action should be dismissed.

At the conclusion of the hearing conducted on June 26, 
1962, the Court gave the parties a specified time within 
which to file proposed findings of fact, conclusions of law, 
and briefs. The requests of the parties for findings of fact, 
conclusions of law, and briefs having been received, the 
Court, after considering the pleadings and evidence, includ­
ing exhibits, affidavits and admissions filed, and briefs and 
oral arguments of the parties, and finding no dispute as 
to any material fact, now makes and files herein its Find­
ings of Fact and Conclusions of Law, separately stated:

Findings of Fact, Conclusions of Law and Opinion



197a

Findings of Fact, Conclusions of Law and Opinion 

F indings op F act

1. The plaintiffs, A. V. Blount, Jr., Walter J. Hughes, 
Norman N. Jones, Girardeau Alexander, E. C. Noel, III, 
and F. E. Davis, are medical doctors licensed to practice 
and practicing medicine in the City of Greensboro, North 
Carolina. The plaintiffs, George C. Simkins, Jr., Milton 
Barnes and W. L. T. Miller, are dentists licensed to practice 
and practicing dentistry in the City of Greensboro, North 
Carolina. These plaintiffs, all citizens and residents of the 
United States and the State of North Carolina, residing 
in the City of Greensboro, North Carolina, seek admission 
to staff facilities at The Moses H. Cone Memorial Hospital 
and the Wesley Long Community Hospital without dis­
crimination on the basis of race.

2. The plaintiffs, A. J. Taylor and Donald R. Lyons, 
are citizens and residents of the City of Greensboro, North 
Carolina, and are patients of some of the physicians and 
dentists referred to in the preceding paragraph. These 
plaintiffs desire admission to the defendant hospitals for 
the treatment of their illness, and to be treated by their 
present physician or dentist, without discrimination on the 
basis of race.

3. The defendants, The Moses H. Cone Memorial Hos­
pital (hereinafter sometimes referred to as “ Cone Hos­
pital” ), and Wesley Long Community Hospital (herein­
after sometimes referred to as “Wesley Long Hospital” ), 
are North Carolina corporations, and each has established, 
owns, and maintains a general hospital in the City of 
Greensboro, North Carolina. Both hospitals are non-profit, 
tax-exempt and State licensed. The defendant, Harold 
Bettis, is the Director of Cone Hospital, and the defendant,



198a

A. 0. Smith, is the Administrator of Wesley Long Hospital. 
Prior to the institution of this action, the plaintiff physicians 
and dentists were denied staff appointments to Cone Hos­
pital, and were denied forms for use in making applications 
for admission to the staff of Wesley Long Hospital. As a 
matter of policy, neither hospital grants staff privileges to 
Negro physicians or dentists.

4. Negro patients are admitted to Cone Hospital on a 
limited basis, and on terms and conditions different from 
the admission of white patients. Wesley Long Hospital 
denies admission to all Negro patients. By the policy of 
excluding Negro physicians and dentists, Negro patients 
admitted to Cone Hospital are denied the privilege of being 
treated by their own physicians and dentists.

5. Cone Hospital was originally incorporated as a private 
corporation under the general corporation laws of the 
State of North Carolina, under the name of The Moses 
H. Cone Memorial Hospital, Incorporated, pursuant to 
Articles of Incorporation which were filed in the office of 
the Secretary of State of the State of North Carolina on 
May 29, 1911. There were ten original incorporators, all 
of whom were private citizens, and four of whom were 
members of the Cone family, and these ten incorporators 
were named as the first Board of Trustees of the corpora­
tion. The original Articles of Incorporation stated the 
intention of applying for a legislative charter in order that 
the corporation might be permitted to drop the word “In­
corporated” from its name, and to provide for a Board 
of Trustees “with perpetual succession.” The legislative 
charter of the corporation was enacted as Chapter 400 of 
the Private Laws of North Carolina, Session of 1913. This

Findings of Fact, Conclusions of Law and Opinion



199a

Private Act “fully ratified, approved, and confirmed” the 
original Articles of Incorporation, and provided that, in 
carrying out its corporate purposes, the corporation should 
continue to “have and enjoy all the powers and privileges 
conferred by the general corporation law of this State 
upon corporations of like character,” but that it should not 
become effective as the act of incorporation unless and 
until it was accepted as such by the original incorporators 
of the corporation. The charter provided for a Board of 
Trustees of fifteen members, three to be appointed by the 
Governor of North Carolina, one by the City Council of 
the City of Greensboro, one by the Board of Commissioners 
of the County of Guilford, one by the Guilford County 
Medical Society, one by the Board of Commissioners of the 
County of Watauga, and that Mrs. Bertha L. Cone, who 
was the founder and the principal benefactor of the cor­
poration, should have the power to appoint the remaining 
eight members so long as she might live. It was further 
provided that, after the death of Mrs. Bertha L. Cone, or 
earlier if she should renounce her right to appoint, the eight 
trustees originally appointed by her should perpetuate 
themselves by the election of the Board of Trustees. Mrs. 
Bertha L. Cone died in 1947, and the charter of the cor­
poration was amended in 1961 to eliminate the appoint­
ment of one trustee by the Board of Commissioners of the 
County of Watauga. The charter now provides, and has 
provided at all times pertinent to this action, that the eight 
trustees originally appointed by Mrs. Bertha L. Cone, and 
the one trustee originally appointed by the Board of Com­
missioners of the County of Watauga, or a total of nine 
members of the fifteen-member Board, are to be perpetuated 
through the election of the Board of Trustees. The trustees 
appointed by public officials or agencies have always been 
a minority of the trustees of the corporation.

Findings of Fact, Conclusions of Law and Opinion



200a

6. The Cone Hospital owns, and has owned since 1911, 
the fee simple title to the real property on which its hospital 
is located. Its Board of Trustees has the exclusive power 
and control over all real and personal property of the 
corporation, and all the institutional services and activities 
of the hospital.

7. The Wesley Long Hospital is a “non-profit and charita­
ble corporation” with no capital stock. The corporation 
was formed many years ago under the laws of the State 
of North Carolina to conduct, without profit and for chari­
table and humane purposes, a general hospital in the City 
of Greensboro, North Carolina. The title to all of its prop­
erty, both real and personal, is vested in the corporation. 
The charter of the corporation makes the Board of Trus­
tees, consisting of twelve members, and all citizens of the 
City of Greensboro, a self-perpetuating body. The Board 
of Trustees has the exclusive power and control over all 
real and personal property of the corporation, and all the 
institutional services and activities of the hospital.

8. Both Cone Hospital and Wesley Long Hospital are 
exempt from ad valorem taxes assessed by the City of 
Greensboro and the County of Guilford, North Carolina. 
For the fiscal year 1961-1962, the City tax rate was $1.27 
per $100.00 valuation, and the County tax rate was $0.82 
per $100.00 valuation.

9. Both defendant hospitals are licensed by the State of 
North Carolina, and have complied with the licensing 
procedures and standards set out by the North Carolina 
Hospital Licensing Act1 and the rules and regulations of

Findings of Fact, Conclusions of Law and Opinion

1 Sections 131-126.1 through 131-126.17, General Statutes of North Carolina.



201a

the North Carolina Medical Care Commission,2 These 
statutes require every hospital in the State of North Caro­
lina, public or private, profit or non-profit, to be licensed 
to operate by the Medical Care Commission.

10. Both defendant hospitals are parts of a joint United 
States-North Carolina program of providing grants of 
United States funds under the Hill-Burton Act,3 and both 
have received funds under the Act in aid of their construc­
tion and expansion programs. The North Carolina State 
Plan, as approved by the Surgeon General of the United 
States under the Hill-Burton Act, has programed sepa­
rate hospital facilities for separate population groups in 
the Greensboro area, and the Hill-Burton funds for the 
two defendant hospitals were allocated and granted to, and 
were accepted by, said hospitals with the express written 
understanding that admission of patients to the pro­
posed facilities might be denied because of race, creed or 
color.

11. Project Application NC-86 of the Cone Hospital re- 
. veals that for general hospital construction totaling $5,277,-
023.32, the Federal Government contributed $462,000.00. On 
February 4, 1954, Cone Hospital approved an agreement 
for this project. On April 12, 1954, the North Carolina 
Medical Care Commission approved the agreement. On 
April 15, 1954, the Surgeon General of the United States, 
acting through the Regional Medical Director of the Public 
Health Service, approved the agreement. This application 
states that Cone Hospital had given adequate assurance

Findings of Fact, Conclusions of Law and Opinion

2 Sections 131-117 through 131-126, General Statutes of North Carolina.

3 42 USC $291, et seq.



202a

that the facility would be operated without discrimination 
because of race, creed or color. However, in a subsequent 
project application (NC-330), it is revealed that Cone Hos­
pital had erroneously represented that the facilities of the 
hospital would be operated without discrimination. After 
an exchange of correspondence, Project Applications NC- 
86 and NC-330 were amended, with the approval of the 
North Carolina Medical Care Commission and the Surgeon 
General, to permit a waiver of the non-discrimination as­
surance.

12. Project Application NC-330 granted Cone Hospital 
$807,950.00 for the construction of a diagnostic and treat­
ment center and a general hospital addition. The total 
cost of these facilities was $2,090,000.00. The contract 
under which the funds were allocated was approved by 
Cone Hospital on March 14, 1960, by the North Carolina 
Medical Care Commission on March 14, 1960, and by the 
Surgeon General on March 17, 1960. It was represented 
in the approved application that “ the requirement of non­
discrimination has been met because this is an area where 
separate hospital facilities are provided for separate popu­
lation groups . . . ”

13. Project Application NC-311 granted $1,617,150.00 
in federal funds to Wesley Long Hospital for new hospital 
construction. The total estimated construction funds re­
quired were $3,314,749.40. The original agreement under 
which these funds were allocated was approved by Wesley 
Long Hospital on June 23, 1959, by the North Carolina 
Medical Care Commission on June 24, 1959, and by the 
Surgeon General on June 30, 1959.

Findings of Fact, Conclusions of Law and Opinion



203a

14. Project Application NC-353 granted $66,000.00 to 
Wesley Long Hospital for the construction of a laundry. 
The total estimated funds required to complete the project 
were $120,000.00. The original agreement under which these 
funds were allocated was approved by Wesley Long Hos­
pital on April 27, 1961, by the North Carolina Medical Care 
Commission on April 28, 1961, and by the Surgeon General 
on May 15, 1961.

15. Project Application NC-358 granted $265,650.00 to 
Wesley Long Hospital for the construction of a hospital 
Nurses Training School. The total estimated funds to com­
plete the project were $492,636.00. The contract under 
which these funds were allocated was approved by Wesley 
Long Hospital on December 7, 1961, by the North Carolina 
Medical Care Commission on December 8, 1961, and by the 
Surgeon General on December 15, 1961.

16. The aforementioned project applications of Wesley 
Long Hospital contained a certification that “ the require­
ment of non-discrimination has been met because this is 
an area where separate facilities are provided for separate 
population groups and the State Plan makes otherwise 
equitable provision, on the basis of need, for facilities and 
services of like quality for each such population group in 
the area.”

17. As of the date of the filing of this action, the United 
States had appropriated $1,269,950.00 for Cone Hospital, 
and the sum of $1,948,800.00 for Wesley Long Hospital. 
The entire appropriation of $1,269,950.00 had been paid to 
Cone Hospital, and $1,596,301.60 had been paid to the 
Wesley Long Hospital, through the Treasurer of the State 
of North Carolina, as of May 8, 1962. The funds appropri-

Findings of Fact, Conclusions of Law and Opinion



204a

ated to Cone Hospital amounted to approximately 15% 
of its total construction expense, and the funds appropri­
ated to the Wesley Long Hospital amounted to approxi­
mately 50% of its total construction expenses.

18. Plans and specifications submitted by the defendant 
hospitals for each project were required to conform to 
Subpart M of the Public Health Service Regulations, which 
sets forth detailed standards for hospital construction and 
equipment. These standards constitute minimum require­
ments for construction and equipment considered necessary 
to insure properly planned and well constructed facilities 
which can be maintained and efficiently operated to furnish 
adequate service.

19. The Agricultural and Technical College of North 
Carolina, since 1954, and The Woman’s College of the 
University of North Carolina, since 1957, both tax-sup- 
ported State institutions of higher education, have been 
permitted to use the facilities of the Cone Hospital to 
provide clinical experience for their nursing students. The 
nursing students carry out assignments at the hospital 
under the supervision and direction of their own teachers, 
and not of the hospital staff. The hospital subsidizes the 
meals and laundry service of the students, and provides 
conference and instructional rooms for their use without 
charge. Cone Hospital has incurred direct costs of $3,337.59 
in connection with the Agricultural and Technical College 
program since 1954, and has paid these costs from its own 
funds. The hospital has made direct contributions of $131,- 
835.13 from its own funds to the nursing program of Wom­
en’s College since 1957, and has made a commitment of an 
additional $25,000.00. The hospital has also provided

Findings of Fact, Conclusions of Law and Opinion



205a

scholarship loans in the additional amount of $10,500.00 
for student nurses at Woman’s College, which scholarship 
loans are administered entirely by the college, and not by 
the hospital, and are available only to nursing students 
selected by the college. The student nurses do not replace 
any personnel on the service staff of Cone Hospital, and 
the hospital has never been relieved of any of its personnel 
requirements through the use of student nurses. The prin­
cipal benefit to Cone Hospital from the operation of the 
student program is the intangible benefit to be derived 
from the creation of sources of well-trained nurses. The 
hospital, however, has no priority to employ any nurses 
graduating from either college, and must compete for the 
services of these graduates with other interested hospitals 
and employers. The monetary value of the services ren­
dered the hospital by the student nurses is not commen­
surate with the substantial contributions the hospital has 
made of both its funds and facilities to the furtherance of 
the nursing educational programs.

D iscussion

It has been clearly established that both defendant hos­
pitals are pursing racially discriminatory practices by bar­
ring Negro physicians and dentists from admission to their 
staff privileges, and by barring Negro patients from ad­
mission to their treatment facilities on the same terms 
and conditions as white patients. The defendants do not 
contend otherwise, and their defense has been confined to a 
showing that neither hospital is a governmental instru­
mentality, and that any discriminatory practices constitute 
private conduct which is not inhibited by the Constitution 
of the United States. This is the basis of the motion of the 
defendants to dismiss for lack of jurisdiction.

Findings of Fact, Conclusions of Law and Opinion



206a

Since the Civil Bights Cases, 109 U. S. 3, 27 L. Ed. 835, 
3 S. Ct. 18 (1883), it has been firmly established that the 
inhibitions of the Fifth and Fourteenth Amendments to the 
Constitution relate solely to governmental action, state or 
federal, and that neither amendment applies to acts by 
private persons or corporations. In Shelley v. Kraemer, 
334 IT. S. 1, 13, 92 L. Ed. 1161, 68 S. Ct. 836 (1948), the 
Supreme Court stated:

“ Since the decision of this Court in the Civil Bights 
Cases, 109 U. S. 3 (1883), the principle has become 
firmly embedded in our constitutional law that the 
action inhibited by the first section of the Fourteenth 
Amendment is only such action as may fairly be said 
to be that of the States. That Amendment erects no 
shield against merely private conduct, however dis­
criminatory or wrongful.”

To the same effect is Burton v. Wilmington Parking 
Authority, 365 U. S. 715, 722, 6 L. Ed. 2d 45, 81 S. Ct. 856 
(1961), where it is stated:

“It is clear, as it always has been since the Civil 
Bights Cases, supra, that ‘Individual invasion of indi­
vidual rights is not the subject-matter of the amend­
ment,’ at p. 11, and that private conduct abridging 
individual rights does no violence to the Equal Pro­
tection Clause unless to some significant extent the 
State in any of its manifestations has been found to 
have become involved in it.”

In light of the foregoing, the sole question for deter­
mination is whether the defendants have been shown to be 
so impressed with a public interest as to render them instru-

Findings of Fact, Conclusions of Law and Opinion



207a

mentalities of government, and thus within the reach of the 
Fifth and Fourteenth Amendments to the Constitution of 
the United States. In making this determination, it is 
necessary to examine the various aspects of governmental 
involvement which the plaintiffs contend add up to make 
the defendant hospitals public corporations in the con­
stitutional sense.

Findings of Fact, Conclusions of Law and Opinion

Selection of Trustees

The Board of Trustees of "Wesley Long Hospital, con­
sisting of twelve residents of the City of Greensboro, is a 
self-perpetuating body. It has the exclusive power and 
control over all real estate and personal property of the 
corporation, and all institutional service and activities of 
the hospital. No public authority has ever had any control 
whatever over the selection of the trustees, or any right 
to regulate, control or direct the business of the corpora­
tion. Consequently, the manner of selection of the Board 
of Trustees of Wesley Long Hospital is not a factor in 
determining whether the corporation is public in character.

A different situation exists with reference to Cone Hos­
pital. Assuming that the Guilford County Medical Society, 
an "agency authorized to appoint one member of the Board 
of Trustees, is a public agency, nine members of the fifteen- 
member Board, none of whom are appointed by a public 
agency, are to be perpetuated through the election of the 
Board of Trustees. Thus, the members of the Board ap­
pointed by public officers or agencies are in a clear minority, 
and the private trustees are decisively and authoritatively 
in control of the corporation. “ The legal test between a 
private and public corporation is whether the corporation 
is subject to control by public authority, state or municipal. 
To make a corporation public, its managers, trustees, or di-



208a

rectors must be not only appointed by public authority but 
subject to its control.” Norris v. Mayor and City Council 
of Baltimore, 78 F. Supp. 451, 458 (Dis. of Maryland, 
1948).

The rule enunciated in the Norris case seems to have 
been an established legal principle since 1819. In that year, 
Mr. Justice Story, in Dartmouth College v. Woodward, 17 
U. S. (4 Wheat.) 518, 671, 4 L. Ed. 629 (1819), stated:

“When the corporation is said, at the bar, to be 
public, it is not merely meant that the whole com­
munity may be the proper objects of its bounty, but 
that the government have the sole right, as trustees of 
the public interest, to regulate, control and direct the 
corporation, and its funds and its franchises, at its own 
good will and pleasure.” (Emphasis supplied.)

The plaintiffs principally rely upon Commonwealth of 
Pennsylvania v. Board of Directors of City Trusts of City 
of Philadelphia, 353 U. S. 230, 77 S. Ct. 806, 1 L. Ed. 2d 
792 (1957), to support their contention that the appoint­
ment of a minority of the members of the Board of Trus­
tees of Cone Hospital by public officers and agencies ma­
terially affects the private character of the corporation. 
Such reliance is not well taken. In that case, the entire 
trust was administered by the Board of Directors of City 
Trusts of Philadelphia, a body created by an act of the 
Pennsylvania Legislature. No case has been cited or found 
which holds that the appointment of a minority of trustees 
by public officers or agencies converts the character of the 
corporation from private to public.

The entire record makes it quite clear that the Co^~ 
Hospital, originally chartered as a private corporation, is 
subject to no control by any public authority, and that the

Findings of Fact, Conclusions of Law and Opinion



209a

appointment of the minority members of its trustees by 
public officers and agencies has in no way changed the pri­
vate character of its business.

E x e m p t io n  F r o m  A d V a l o r e m  T a x  A s s e s s m e n t s

Both defendant hospitals are exempt from ad valorem 
taxes assessed by the City of Greensboro and the County 
of Guilford, North Carolina. The same is true with respect 
to the real and personal property owned by other private 
religious, educational and charitable organizations.1 Surely 
it cannot be said that a purely local church, school or hos­
pital becomes an instrumentality of the state, and subject 
to its control, by simply having its property exempt from 
ad valorem taxes. No authority has been cited for such a 
proposition. Indeed, the plaintiffs in their brief do not con­
tend that ad valorem tax exemptions “ in and of itself makes 
these hospitals agencies of the state and the United States 
government,” but simply argue that all financial contribu­
tions from public funds, whether direct or indirect, must 
be considered in determining whether the defendant hos­
pitals are agencies of the Government. While the subject 
was not discussed in Eaton v. Bd. of Managers of James 
Walker Memorial Hospital, 4 Cir., 261 F. 2d 521, affirming 
164 F. Supp. 191 (E. D. N. C., 1958), cert, den., 359 U. S. 
984, 3 L. Ed. 2d 934, 79 S. Ct. 941 (1958), the real and per­
sonal property of the James Walker Memorial Hospital 
was exempt, by state statute, from county and municipal 
ad valorem tax assessments.

It is concluded that the exemption of the defendant hos­
pitals from ad valorem taxes is not a factor to be con­
sidered in determining whether the hospitals are public 
agencies.

Findings of Fact, Conclusions of Law and Opinion

1 Sections 105-296 and 105-297, General Statutes of North Carolina.



210a

Defendant H ospitals as L icensees of 
State of Nobxh Carolina

Since July 1, 1947, every hospital in the State of North 
Carolina, both public and private, has been required to 
secure a license from the State through the North Carolina 
Medical Care Commission.2 Both defendant hospitals are 
licensed by the State, and have complied with the licensing 
procedures and standards prescribed by the North Carolina 
Medical Care Commission. The stated purpose for requir­
ing hospitals to be licensed “is to provide for the develop­
ment, establishment and enforcement of basic standards 
(1) for the care and treatment of individuals in hospitals 
and (2) for the construction, maintenance and operation of 
such hospitals, which operation will insure safe and ade­
quate treatment of . . . individuals in hospitals . . . ” 3 
A license is subject to suspension or revocation under cer­
tain conditions.4 The North Carolina Medical Care Com­
mission is permitted to make such inspection of hospital 
facilities as it deems necessary.5 Under the rules and regu­
lations of the North Carolina Medical Care C o m m is s i o n ,  all 
professional and non-professional personnel of hospitals 
must be given pre-employment physical examinations. Pro­
vision is made for the organization and qualification of 
medical staffs of hospitals, and certain facilities are re­
quired for operating rooms, delivery rooms, rooms occu­
pied by maternity patients, and rooms occupied by chil­
dren. There are certain requirements with respect to medi-

Findings of Fact, Conclusions of Law and Opinion

2 Section 131-126.3, General Statutes o f North Carolina.

3 Section 131-126.2, General Statutes of North. Carolina.

4 Section 131-126.6, General Statutes of North Carolina.

5 Section 131-126.9, General Statutes of North Carolina.



211a

cal records and reports, the presence of professional 
registered nurses at all times, and the maintenance of sani­
tary kitchens. The Commission also reserves the right, in 
case any public funds will be used in construction of a 
hospital facility, to approve the plans in advance of con­
struction.

As in the case of licenses issued to restaurants, the hos­
pital licensing statutes and regulations are designed to 
protect the health of persons served by the facility, and do 
not authorize any public officials to exert any control what­
ever over management of the business of the hospital, or 
to dictate what persons shall be served by the facility.

In Williams v. Howard Johnson’s Restaurant, 4 Cir., 
268 F. 2d 845 (1959), it was argued that if a state licensed 
a restaurant to serve the general public, such restaurant 
thereby became “burdened with the positive duty to pro­
hibit unjust discrimination in the use and enjoyment of 
the facilities.” (268 F. 2d 845, 847). In rejecting this argu­
ment, the Court stated:

“ This argument fails to observe the important dis­
tinction between activities that are required by the state 
and those which are carried out by voluntary choice 
and without compulsion by the people of the state in 
accordance with their own desires and social practices. 
Unless these actions are performed in obedience to 
some positive provision of state law they do not fur­
nish a basis for the pending complaint. . . . The stat­
ute [restaurant licensing law] is obviously designed to 
protect the health of the community but it does not 
authorize state officials to control the management of 
the business or to dictate what persons shall be served. 
The customs of the people of a state do not constitute 
state action within the prohibition of the Fourteenth 
Amendment.”

Findings of Fact, Conclusions of Law and Opinion



212a

What the Court of Appeals for this Circuit has said 
with respect to licenses required of restaurants in Virginia 
is equally true with reference to licenses required of hos­
pitals in North Carolina. In neither instance does the state 
attempt to exert any control over the personnel, manage­
ment or service rendered by the facility involved. It is a 
matter of common knowledge that a license is required by 
members of practically all professions and most businesses. 
To hold that all persons and businesses required to be li­
censed by the state are agents of the state would go com­
pletely beyond anything that has ever been suggested 
by the courts. The Williams case, supra, is clear authority 
for the proposition that the license requirement for hos­
pitals in North Carolina in no way changes the character of 
the institution from private to public.

Student Nursing Program at Cone H ospital

The plaintiffs allege that the participation of the Cone 
Hospital in training student nurses from Woman’s College 
of the University of North Carolina and the Agricultural 
and Technical College of North Carolina, both State-sup- 
ported institutions, should be considered in determining 
whether the institution is an agency of the State. The pro­
gram is purely voluntary on the part of the hospital, and the 
only benefit received is that derived from the creation of a 
source of well-trained nurses. It is significant, however, that 
the hospital has no priority to employ any nurses graduat­
ing from either college, and must compete for the services 
of these graduates with other interested hospitals or em­
ployers. The monetary value of the services rendered the 
hospital by the student nurses is not commensurate with 
the substantial contribution the hospital has made from its 
own funds and facilities to the furtherance of the program.

Findings of Fact, Conclusions of Law and Opinion



213a,

It is difficult to understand how this program, purely volun­
tary in nature, and carried on at a substantial monetary 
sacrifice to the hospital, in any way affects the private 
character of the hospital. The plaintiffs make the interest­
ing, but in the opinion of the Court, completely untenable, 
argument that the hospital, in expending its resources to 
aid student nurses enrolled at the two State institutions 
involved, are doing the work of the State, and thereby be­
come agents of the State, “ subject to the constitutional 
restraints of governmental acts to the same extent as pri­
vate persons who govern a company town.” In other words, 
the plaintiffs make the novel argument that it is the giving 
of assistance to the State, rather than receiving assistance, 
that changes the character of the hospital. There is no sug­
gestion that either educational institution exercises any 
control whatever over the hospital, or attempts to direct any 
of its policies. The program does not relieve the hospital 
of any of its personnel requirements. The students partici­
pating in the program are not employees of the State, and 
they participate in the educational program provided by the 
hospital on a purely voluntary basis. The assertion that 
the participation of the hospital in this program in any way 
affects the character of its operation is completely unsup­
ported by any authority that has been brought to the atten­
tion of the Court. There is an interesting discussion of a 
somewhat related problem by Judge Matthews in Mitchell 
v. Boys Club of Metropolitan Police, D. C., 157 F. Supp. 101 
(D. C.,D. C. 1957).

A l l o c a t io n  o f  H i l l - B u r t o n  F u n d s  
to  D e f e n d a n t  H o s p it a l s

Both defendant hospitals have received substantial fed­
eral funds under the Hill-Burton Act6 in aid of their con-

Findings of Fact, Conclusions of Law and Opinion

6 42 USCA $ 291, et seq.



214a

straction and expansion programs. These funds were al­
located to the defendants by the North Carolina Medical 
Care Commission, an agency of the State. The Cone Hospital 
has received $1,269,950.00 under the Hill-Burton Program, 
or 15 per cent of its total construction expense, and Wesley 
Long Hospital has received, or will receive, under the same 
program, the sum of $1,948,800.00, or 50 per cent of its con­
struction expense. All funds received, or to be received, 
by both hospitals were allocated and granted to, and ac­
cepted by, the hospitals with the express written under­
standing that admission of patients to the hospital facilities 
might be denied because of race, color or creed. This un­
derstanding was consented to by the Surgeon General of 
the United States and the North Carolina Medical Care 
Commission, acting pursuant to Section 291e(f) of Title 
42, United States Code (Hill-Burton Act), and Public Health 
Service Regulations, 42 CFR § 53.112. These stat­
utes and regulations permit the Surgeon General to waive 
the requirement of nondiscrimination on the basis of race 
upon a finding that separate but equal facilities are avail­
able for separate population groups.

Racial discrimination, it should be emphasized, is per­
mitted, not required. As evidence of the fact that the de­
fendants do not consider themselves obligated under the 
agreement permitting segregation, the Cone Hospital has 
for some time, admitted Negro patients on a limited basis. 
Additionally, the defendants have repeatedly stated, both 
in their briefs and oral arguments, that they in no way rely 
upon the provisions of the Hill-Burton Act, or their agree­
ment with the North Carolina Medical Care Commission, 
which permit discrimination. Under these circumstances, 
they earnestly contend, and at the time of the oral argu­
ments both parties conceded, that the Hill-Burton funds

Findings of Fact, Conclusions of Law and Opinion



215a

received by the defendant hospitals should be considered as 
unrestricted funds.

The plaintiffs also place considerable importance upon 
the fact that recipients of Hill-Burton funds are required to 
conform to certain provisions of the Public Health Service 
Eegulation which sets forth detailed minimum requirements 
and standards for the construction and equipment of hos­
pitals. They emphasize that this is an additional and im­
portant involvement the defendants have with a public 
agency. It can fairly be said, however, that the only signifi­
cance of these requirements is to insure properly planned 
and well constructed facilities that can be efficiently oper­
ated. It is significant that Section 291m of the Act7 pro­
vides :

“ Except as otherwise specifically provided, nothing 
in this subchapter shall be construed as conferring upon 
any federal officer or employee the right to exercise any 
supervision or control over the administration, per­
sonnel, maintenance, or operation of any hospital, diag­
nostic or treatment center, rehabilitation facility, or 
nursing home with respect to which any funds have been 

_ or may be expanded under this subehapter.” .

In Eaton v. Bd. of Managers of Janies Walker Memorial 
Hospital, 4 Cir., 261 P. 2d 521, affirming 164 F. Supp. 191 
(E. D. N. C., 1958), cert, den., 359 U. S. 984, 3 L. Ed. 2d 934, 
79 S. Ct. 941 (1958), the land upon which the hospital was 
constructed was donated by the city and county. These 
governmental units also made annual contributions to the 
operation of the hospital for a period of many years. These 
contributions in the form of land and money were held in­

Findings of Fact, Conclusions of Laiv and Opinion

7 42 US CA § 291m.



216a

sufficient to make the hospital subject to the inhibitions of 
the Fourteenth Amendment.

The provisions of the Hill-Burton Act were recently con­
sidered by the Supreme Court of Appeals of the Common­
wealth of Virginia in Khoury v. Community Memorial Hos­
pital, Inc., 203 Va. 236, 123 S. E. 2d 533 (1962). The hos­
pital there was a non-stock, nonprofit corporation chartered 
under the laws of Virginia to establish, construct and main­
tain a hospital. More than half of its construction funds 
was contributed by the federal government under the Hill- 
Burton Act, another portion was contributed by the Com­
monwealth of Virginia, and the balance provided by local 
subscriptions. The management of the hospital was vested 
in a self-perpetuating board of trustees. The Court held, 
at page 538:

“We next turn to the question of whether the use of 
federal and state funds for construction thereby con­
stituted the hospital a public corporation.

“ The distinctions between a public and private cor­
poration have been so carefully drawn and so long 
recognized that we experience no difficulty in answering 
the question in the negative.

“The hospital is not owned by the federal or state 
government, albeit federal and state funds may have 
made its construction possible. It is not an instru­
mentality of government for the administration of 
any public duty, although the service it performs is 
in the public interest. Its officers are not appointed 
by and are not representatives of government, not­
withstanding that their authority stems from legisla­
tive enactment. Under these circumstances, the hos­

Findings of Fact, Conclusions of Law and Opinion



217a

pital falls squarely within the time-honored definition 
of a private corporation.”

Since no state or federal agency has the right to exercise 
any supervision or control over the operation of either 
hospital by virtue of their use of Hill-Burton funds, other 
than factors relating to the sound construction and equip­
ment of the facilities, and inspections to insure the main­
tenance of proper health standards, and since control, 
rather than contribution, is the decisive factor in deter­
mining the public character of a corporation, it necessarily 
follows that the receipt of unrestricted Hill-Burton funds 
by the defendant hospitals in no way transforms the hos­
pitals into public agencies.

T otal Governmental I nvolvement and Participation

While the plaintiffs argue that each of the contacts de­
fendant hospitals have with governmental agencies is im­
portant, and each has a material bearing on the public 
character of both hospitals, the main thrust of their argu­
ment is that the totality of governmental involvement 
makes the hospitals subject to the restraints of the Four­
teenth Amendment. For this argument they mainly rely 
upon Burton v. Wilmington Parking Authority, 365 H. S. 
715, 6 L. Ed. 2d 45, 81 S. Ct. 856 (1961). But a careful 
reading of this case does not support plaintiffs’ argument. 
The Burton case involves the right of Eagle Coffee Shop, 
Inc., the lessee of the Wilmington Parking Authority, an 
agency of the State of Delaware, to refuse to serve the 
plaintiff food or drink solely because of his race. This is 
a situation far different from the facts in this case. After 
specifically defining the limits of its inquiry, the Supreme 
Court only held that “when a State leases public property

Findings of Fact, Conclusions of Law and Opinion



218a

in the manner and for the purpose shown . . . the proscrip­
tions of the Fourteenth Amendment must be complied with 
by the lessee as certainly as though they were binding 
covenants written into the agreement itself.” (Emphasis 
supplied). This same general principle of law had earlier 
been pronounced by this Circuit in City of Greensboro v. 
Simkins, 4 Cir., 246 F. 2d 425 (1957), affirming 149 F. 
Supp. 562 (M. D. N. C., 1957).

The defendants, on other hand, argue that if neither of 
the contacts they have with a public agency makes them 
as instrumentality of government, the same result would 
necessarily follow with respect to the total of such contacts. 
In other words, the defendants argue that zero multiplied 
by any number would still equal zero. They place principal 
reliance upon Eaton v. Bd. of Managers of James Walker 
Memorial Hospital, 4 Cir., 261 F. 2d 521, affirming 164 
F. Supp. 191 (E. D. 1ST. C., 1958), cert. den. 359 U. S. 984, 
3 L. Ed. 2d 934, 79 S. Ct. 941 (1958), in support of their 
position. The facts in the Eaton ease more clearly resemble 
the facts in the case under consideration than any decision 
that has been cited by either side. The land upon which 
the hospital was constructed was conveyed to the James 
Walker Memorial Hospital by the city and county, to be 
held in trust for the use of the hospital so long as it should 
be maintained as such for the benefit of the city and county, 
with reverter to the city and county in case of its disuse 
or abandonment. This certainly involved a substantial 
financial contribution by public agencies to the hospital. 
The presence of the reverter clause makes the conveyance 
even more significant. The city and county made substan­
tial appropriations to the hospital over a long period of 
time. There were other significant contacts with public 
agencies, all of which are referred to in the opinion. Addi­

Findings of Fact, Conclusions of Law and Opinion



219a

tionally, while not discussed by either the District Judge 
or the Court of Appeals, presumably for the reason they 
were considered unimportant factors, the hospital property 
was exempt from city and county ad valorem taxes,8 and 
the hospital was licensed by the North Carolina Medical 
Care Commission.9 The only contacts Wesley Long Hos­
pital has with public agencies are (1) exemption from ad 
valorem taxes (2) state license and (3) the receipt of Hill- 
Burton funds. All these factors were present in the Eaton 
case, if city and county funds have the same significance as 
unrestricted federal funds under the Hill-Burton Act. The 
only additional contacts Cone Hospital has with govern­
mental agencies are that six of its fifteen trustees are 
appointed by public officers or agencies, and it aids two 
publicly owned colleges in their nursing program. It has 
been determined that these contacts have no bearing what­
ever on the public character of the hospital.

Both hospitals are effectively managed and controlled 
by a self-perpetuating board of private trustees. No public 
agency has the power to exercise any supervision or control 
over the management or operation of either hospital. 
Neither hospital is required to discriminate against any 
citizen because of race, and no right to do so is claimed 
by either hospital by reason of its agreement with the 
Surgeon General of the United States and North Carolina 
Medical Care Commission. Under these circumstances, it 
cannot be said that the defendants waived their privacy 
by accepting Hill-Burton funds. Board of Trustees of 
Vincennes University v. State of Indiana, 55 U. S. (14 
How.) 268, 14 L. Ed. 416 (1852).

8 Sections 105-296 and 105-297, General Statutes of North Carolina.

9 Section 131-126.3, General Statutes of North Carolina.

Findings of Fact, Conclusions of Law and Opinion



220a

Findings of Fact, Conclusions of Law and Opinion 

Declaratory R elief

The plaintiffs drew into question the constitutionality 
of the separate but equal provisions of the Hill-Burton Act, 
and the United States moved to intervene pursuant to the 
provisions of 28 US C § 2403. The intervention was allowed. 
The United States has now moved for an order declaring 
unconstitutional, null and void the separate but equal provi­
sions of Section 291e(f) of the Hill-Burton Act, 42 USC 
§291e(f), and enjoining the defendants from discriminat­
ing on account of race or color in the admission of patients 
to their facilities.

It is a cardinal principle that courts do not deal in 
advisory opinions, and avoid rendering a decision on con­
stitutional questions unless it is absolutely necessary to 
the disposition of the case. Barr v. Matteo, 355 U. S. 171, 
2 L. Ed. 2d 179, 78 S. Ct. 204 (1957). If the defendants 
were claiming any right or privilege under the separate but 
equal provisions of the Hill-Burton Act, it would perhaps 
be necessary to the disposition of the case to rule upon 
the constitutionality of those provisions. Here, however, 
as earlier stated, the defendants make no such claim, and 
it is unnecessary for the Court, as requested by the United 
States, to advise the Surgeon General with respect to his 
legal obligations under the Act. There has been no show­
ing that the statute in question has resulted in depriving 
the plaintiffs or any other citizens of their constitutional 
rights. The only issue involved in this litigation is whether 
the defendants have become governmental agencies in the 
constitutional sense by the acceptance of public funds in 
the construction and equipment of their hospitals, and their 
other involvements with public agencies. The constitution­
ality of the separate but equal provisions of the Hill- 
Burton Act is not an issue, and a declaration as to its



221a

constitutionality is not necessary to the disposition of the 
case.

What the plaintiffs and the United States are really 
asking in their prayer for declaratory relief is an order 
desegregating all private facilities receiving Hill-Burton 
funds over a period of years, even though the funds were 
given with the understanding that the private facilities 
might retain their freedom to conduct their private affairs 
in their own way. This court is not prepared to grant the 
declaratory relief prayed for, thereby retroactively alter­
ing established rights, particularly when it is unnecessary 
to do so, in deciding the jurisdictional question.

Conclusions op L aw

1. The various contacts the defendant hospitals have 
been shown to have with governmental agencies, both fed­
eral and state, do not make them instrumentalities of gov­
ernment in the constitutional sense, or subject them to 
either the Fifth Amendment or the Fourteenth Amend­
ment to the United States Constitution.

2. The defendants are private persons and corporations, 
and not instrumentalities of government, either state or 
federal, and none of the defendants are subject to the 
inhibitions of the Fifth Amendment or the Fourteenth 
Amendment to the United States Constitution.

3. This action is one brought by individuals seeking 
redress for the alleged invasion of their civil rights by other 
individuals or private corporations, and this Court has no 
jurisdiction over the subject matter of the action.

Findings of Fact, Conclusions of Law and Opinion



222a

Findings of Fact, Conclusions of Law and Opinion

4, The motions for summary judgment by the plaintiffs 
and the United States should be denied, and the motion of 
the defendants to dismiss the action for lack of jurisdiction 
over the subject matter should be granted.

Edwin M. Stanley 
United States District Judge

December 5, 1962.



223a

Judgment

(Filed: December 17,1962)

The Court having filed, on the 5th day of December, 
1962, its findings of fact, conclusions of law and opinion, 
in accordance therewith, it is Ordered, adjudged and 
decreed:

1. that the motions for summary judgment by the plain­
tiffs and the United States are hereby denied;

2. that the defendants’ motions to dismiss the complaint 
and the pleading in intervention for lack of jurisdiction over 
the subject matter are hereby granted;

3. that the defendants are entitled to their costs in this 
Court.
Dated: December 17,1962.

E dwin M. Stanley 
United States District Judge

We ask for this:
F alk Carruthers & B oth
By H erbert S. F alk 

Attorney for Moses U. Cone 
-Memorial Hospital, A Corporation, 
and Harold Bettis, Director.

T hornton H. Brooks 
Attorney for Wesley Long 
Community Hospital, A Corporation, 
and A. 0. Smith, Administrator.

Seen:
C. 0. P earson 

Attorney for Plaintiffs

W illiam H. Murdock 
Attorney for United States



224a

Notice of Appeal

(Filed: January 4,1963)

Notice is hereby given that the Plaintiffs, G. C. Simkins, 
Jr., A. V. Blount, Jr., Walter J. Hughes, Norman N. Jones, 
Girardeau Alexander, Milton H. Barnes, W. L. T. Miller, 
E. C. Noel, III, F. E. Davis, A. J. Taylor and Donald R. 
Lyons, in this action hereby appeal to the United States 
Court of Appeals for the Fourth Circuit from the Order 
(1) denying plaintiffs’ and intervenor’s motions for sum­
mary judgment; and (2) granting defendants’ motions to 
dismiss the complaint and the pleading in intervention, 
entered in this action on the 17th day of December, 1962.

Dated: ,1962

J ack Greenberg 
James M. Nabrit, III 
M ichael Meltsner 

10 Columbus Circle 
New York 19, New York

Conrad 0 . P earson
203% East Chapel Hill Street 
Durham, North Carolina

Attorneys for Plaintiffs



225a

Notice of Appeal

(Filed: January 11,1963)

Notice is hereby given that United States of America, 
Intervenor above named, hereby appeals to the United 
States Court of Appeals for the Fourth Circuit from the 
Order (1) denying plaintiffs’ and intervenor’s motions for 
summary judgment; and (2) granting defendants’ motions 
to dismiss the complaint and the pleading in intervention, 
entered in this action on the 17th day of December, 1962.

W illiam H. Mukdock 
United States Attorney 
Attorney for Intervenor 

314 Post Office Building 
Greensboro, North Carolina



V

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