Sweatt v. Painter Appendix to Petition and Brief in Support of Petition for Writ of Certiorari
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October 4, 1948

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Brief Collection, LDF Court Filings. Sweatt v. Painter Appendix to Petition and Brief in Support of Petition for Writ of Certiorari, 1948. 268fbfb5-c59a-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/84263c57-733c-40ef-a3b9-20d315693309/sweatt-v-painter-appendix-to-petition-and-brief-in-support-of-petition-for-writ-of-certiorari. Accessed July 01, 2025.
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IN T H E Supreme Court of the United States October Term, 1948 No. HEMAN MARION SWEATT, vs. Petitioner, THEOPHILIS SHICKEL PAINTER, ET AL. APPENDIX TO PETITION AND BRIEF IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF THE STATE OF TEXAS W . J . D u rh a m , W illiam H . H astie, W illiam R . M ing , J r ., J ames M . N abrit, J r ., T hurgood M arshall, Attorneys for Petitioner. R obert L. Carter, E. B. B unkley , Jr., H arry B ellinger, U. S. T ate, Of Counsel. A nnette H . P eyser, Research, Consultant. IN TH E Supreme Court of the United States October Term, 1948 No. HEMAN MARION SWEATT, vs. Petitioner, THEOPHILIS SHICKEL PAINTER, ET AL. A ppendix to P etition F oe W rit op Certioraei To T he S upreme Court op th e S tate op T exas i 11 APPENDIX The following data constitute a portion of a compre hensive and definitive study which demonstrates the type, quality, and quantity of the educational facilities available under the “ separate but equal” formula. The source material for this study is based upon publi cations of the United States Department of Education, publications of other government agencies and bodies, as well as articles which have appeared in accredited journals of education. This portion of the study, which emphasizes the edu cational inequalities on the higher and professional levels, is filed to give this Court a true picture of “ separate but equal” education. In the seventeen southern states and the District of Columbia, separate schools are mandatory under law. Of the remaining thirty-one states, in all but a few segregated schools are not legal or are actually illegal.1 Approximately ten million or 77% of all Negroes in the United States live in the southern region, admittedly the most economically backward section of the country. This backwardness is overwhelmingly due to the maintenance of segregation and a caste system which relegates all Negroes to a position lower than the lowest white. The adamant stand which the South has taken against the training and utilization of 22.3% of its human resources, by depriving 1 Reddick, L.D. “ The Education of Negroes in States Where Separate Schools Are Not Legal,” The Journal of Negro Education, Summer 1947, Vol. XVI, No. 3, p. 296. The seventeen states requir ing segregation are: Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Caro lina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, and the District of Columbia. I ll its Negro citizens of a fair and equal share of one of the basic democratic rights—the right to a good education— means that this right is denied to the very people it seeks to protect. As President Truman’s Commission on Higher Education has phrased i t : 2 Segregation lessens the quality of education for the whites as well. To maintain two school systems side by side—duplicating even inadequately the buildings, equipment, and teaching personnel— means that neither can be of the quality that would be possible if all the available resources were devoted to one system, especially not when the States least able financially to support an adequate educational program for their youth are the very ones that are trying to carry a double load. Thus every southerner suffers from lowered educational standards, Negroes most severely. Every southerner suf fers because the maintenance of this dual system demands that a large percentage of state tax-monies be diverted away from other fields where it is vitally needed and where it rightfully belongs. And subsequently the whole nation suffers because it is bereft of potential talent left unde veloped.3 Although educational inequities result from segregated education on every level, it is in the field of higher edu cation that the results are most easily viewed. 2 Higher Education for American Democracy, Report of the President’s Commission on Higher Education, Government Printing Office, Washington, D. C., 1947, Vol. I, p. 34. 3 “We believe that federal funds, supplied by taxpayers all over the nation, must not be used to support or perpetuate the pattern of segregation in education, public housing, public health services, or other public services and facilities generally . . . it believes that segregation is wrong morally and practically and must not receive financial support by the whole people.” To Secure These Rights, recommendation V of the President’s Committee on Civil Rights, p. 166. IV H igher E ducation The amount and the degree of opportunity, and the ex tent to which facilities for higher education are available, are probably the best indices to the educational environ ment of an area. They reflect the value that the community places in the education and the maximum achievement of its people, as well as indicating the general economic and social conditions of the community itself. In the 17 states and the District of Columbia, there are 530 institutions of higher learning for whites, 192 public colleges and universities supported by state and federal funds included. Institutions for Negroes number 104 in cluding 39 supported by public funds.4 5 Whereas Negroes are 22.3% of the southern population, they have but 16.4% of the total number of institutions providing higher educa tion in the southern region. More indicative, they have but 16.9% of those supported at public expense, although their need is proportionately greater. Their proper * share (22.3%) would entail providing 48 more colleges and uni versities, 16 to be supported as public institutions. What does this mean in terms of manpower? 1947 saw an unprecedented enrollment in colleges and universities throughout the country with a total of 2,338,226 students attending classes. 683,235 of these students were enrolled in southern institutions, making a ratio of students to popu lation of 1 :66.5 for the region.® 4 Educational Directory, Part 3, “ Colleges and Universities,” U. S. Office of Education, Washington, 1947. * By “proper share” we are in no way suggesting a quota, but are using the population as a means of measuring the adequacy and in adequacy of facilities and provisions made for the education of Negro citizens. 5 1947 Fall Enrollment in Higher Educational Institutions, U. S. Office of Education, November 10, 1947 (Circular No. 238). V Enrolled in institutions supported at public expense were 57.9% of the white students in the South and 54.3% of the Negro students, while Negroes were only 10.3% of the total benefiting from these public facilities. Furthermore, only 5.5% of all expenditures for public institutions in the South were for Negro colleges and universities.6 The per cent of Negro students in public institutions should have been more than doubled and expenditures quadrupled were they receiving benefits equal to those extended to white students.* * Further examination of the data reveals that there are more institutions both public and private (except in Delaware) for the use of whites than for Negroes, and which are consequently more geographically spaced, thereby mak ing the facilities more readily accessible. A comparison of the South with the rest of the country shows further what the duplicated facilities of segregation mean. Whereas the South maintains more universities and colleges per 1,000 population than the rest of the nation, its ability to support them is far less. It may be noted that even with more institutions, a smaller percentage of the South’s population as compared with the rest of the coun try had in 1940 completed four or more years of college. In 1947, there was one student in a southern college or uni versity for every 66.5 persons in the South, while in the North and West there was one student for every 52 persons in the population. 6 Mordecai W. Johnson, Hearings Before Subcommittee on Ap propriations, House of Representatives, 80th Congress, February 24, 1947, p. 145. * It is interesting to note that the enrollment in New York Uni versity in the fall semester of 1947 was 46,312. This is a larger stu dent body than the total enrollments in 15 of the individual southern states and the District of Columbia. Only Missouri and Texas had larger state-wide enrollments than that for this single Northern uni versity. In this connection, it should also be borne in mind that the great majority of northern Negroes find it necessary, in the face of restrictive quotas, to go South for their college education. VI We have already indicated the general state of educa tion prevailing in the southern states. The following data constitute a specific and graphic demonstration of the in equities in segregated education.7 1. Southern Negroes are 7.7% of the total United States population, yet they have only 6.1% of all institutions of higher education in the country. Southern whites are 26.7% of the total population, yet they have 31.2% of all the colleges and universities in the coun try. 2. The South spends 22.3% of all money expended for higher education in the country, yet Negroes get only 1.8% of this money, while southern whites get 20.5%. The average expenditure for southern universities and colleges (even including the Negro institutions) is over twice the amount spent for the average Negro institution. Whereas $4.28 is spent per capita white, only $1.32 is spent per capita Negro population.* In only 3 states and the District of Columbia does the number of Negroes enrolled in publicly supported in stitutions constitute a reasonable percentage of all students benefiting from such educational provisions in anything like what their proportion in the popu lation warrants. 0% 10 20 30 40 50 60 70 80 1 1 1 1 1 1 I 1 1 90 100% 1 1 Population lllllllllilllill....... Illllllllllllllllllllll........ ............ ... Institutions ................................ ................. m m m Expenditures .. ..............iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii....w m m am m o% North and West South: White South: Negro 10 20 30 40 SO 60 70 80 90 100% 7 Sources: The Educational Directory, 1946-47, III, p. 7. 16th Census: 1940, Population, 2nd Series, U. S. Sum mary, p. 47. The Journal of Negro Education, Summer 1947, p. 468. Statistics of Higher Education, 1943-44, p. 70. * For further data see Charts at the end of Appendix. vii It might be asked just how the South manages to sup port this dual system of education? The answer is self- evident : by means of segregation which has resulted in the practice of extensive discrimination as the above charts indicate. For example, if expenditures in the public insti tutions for Negroes were equalized on a per capita popu lation basis, an additional $19,000,000 would have to be spent for higher education alone. This would raise the present total expenditures 463%. Present Share Proper Share 6 U 12% IStt 25 (in millions of dollars) Expenditures for Educational Purposes in Public and Private Colleges and Universities in the 17 States and the District of Columbia: 1943-44.® White Institutions Negro Institutions Expenditures: Total $150,622,000 $13,438,000 Private 65,033,000 8,149,000* Public 85,591,000 5,289,000 % of all money expended: Total 91.8% 8.2% Private 88.9% 11.1% Public 94.2% 5.8% Expenditure per student—■ Total $479.46 $393.16 Expenditure per capita population: Total $4.28 $1.32 Public 2.42 .52 College Enrollment: Total 90% 10% * Negro private institutions carried about a 50% heavier lead in terms of expenditures than did private institutions for whites. 9 Adapted from Jenkins, Martin D., “ The Availability of Higher Education for Negroes in the Southern States,” The Journal of Negro Education, Op. Cit., pp. 466. V l l l At present, the situation is such that Negro private insti tutions must carry an undue burden in the attempt to fur nish educational facilities and opportunities to those who would otherwise be deprived of advanced training. This process will continue until such time as the southern states realize that the “ equal but separate doctrine” is economi cally, and more important, educationally unsound. The following excerpt from the testimony ottered by Dr. Mordecai W. Johnson, President of Howard University, speaks for itself: 10 * * In states which maintain the segregated system of education there are about $137,000,000 annually spent on higher education. Of this sum $126,541,795 (in cluding $86,000,000 of public funds) is spent on insti tutions for white youth only; from these institutions Negroes are rigidly excluded. Only $10,500,000 touches Negroes in any way; in fact, as far as state supported schools are concerned, less than $5,000,000 directly touches Negroes. . . . The amount of money spent on higher education by the state and federal government for Negroes within these states is less than the budget of the University of Louisiana (in fact only sixty-five per cent of the budget), which is maintained for a little over 1,000,000 people in Louis iana. That is one index; but the most serious index is this: that this little money is spread over so wide an area and in such a way that in no one of these states is there anything approaching a first-class university opportunity available to Negroes. In the face of such facts, the amount of money expended for education assumes extreme importance, becomes, indeed, so basic to the quality of said education in terms of faculty, physical plant, educational equipment and curricular scope, that it renders one as unwilling as he is unable to credit the 10 Johnson, Dr. Mordecai W., Hearings Before Subcommittee on Appropriations, House of Representatives, 80th Congress, February 24, 1947. IX claim made by the southern states that their separate schools are equal in all respects to those furnished for whites. O x the Gbadtjate L evel A well-known educator recently wrote:12 “ The pro vision of higher and professional educational opportunities for Negroes is relatively little better today than fifteen years ago.” This statement is even more graphic when viewed contextually: it is mainly within the last fifteen years that higher and professional education and training have assumed their broad importance. In the present day and age of specialization and demand for technical skills, there is no institution in the South where a Negro may pursue work leading to a doctorate. The opportunities for whites are vastly different: doctorates are offered in a pub lic institution in each of the 17 states as well as in a private institution in 12 states and the District of Columbia. There are two accredited schools of medicine for Negroes in the South, but there are twenty-nine for whites. There are two accredited schools of pharmacy for Negroes in the South, but there are twenty for whites. There are two (one provisionally accredited) schools of law for Negroes in the South, but there are forty for whites. There is no accredited school of engineering for Negroes in the South, but there are thirty-six for whites. The chart on the following page demonstrates these facts graphically.* * 18 12 Thompson, Charles H., The Journal of Negro Education, Howard University Press, Fall Issue, 1945, Vol. XIV, p. 267. 18 Educational Directory, 1946-7. The quote is from Higher Edu cation for American Democracy, Vol. I, p. 36, Op. Cit. Four Year Institutions Supported at Public Expense, Offering Training in Specified Fields with Departments Accredited by Their Respective Professional Association: 1946-7.14 W hite : Law Medicine Dentistry Engineering Pharmacy Alabama 1 2 1 Arkansas 1 1 1 Delaware 1 D. C. Florida 1 1 1 Georgia 1 1 1 1 Kentucky 2 1 1 2 Louisiana 1 1 1 Maryland 1 1 1 1 1 Mississippi 1 1 1 1 Missouri 1 1 (2 yr. course) 1 N. Carolina 1 1 (2 yr. course) 1 1 Oklahoma 1 1 2 1 S. Carolina 1 1 3 2 Tennessee 1 1 1 1 1 Texas 1 1 1 * 3 1 Virginia 2 2 1 3 1 West Virginia 1 1 (2 yr. course) 1 1 T otal : 18 15 5 26 13 14 Source: Educational Directory, Part 3, Colleges and Universities, U. S. Office of Education, 1947. * Provisionally accredited, or accredited with some reservation, or admitted on probation. X I N egro : Law Medicine Alabama Arkansas Delaware D. C. 1 Florida Georgia Kentucky Louisiana Maryland Mississippi Missouri 1 * N. Carolina Oklahoma S. Carolina Tennessee Texas Virginia West Virginia T o t a l : 2 1 Dentistry Engineering Pharmacy 1 1 1 1 0 2 14a Source: Educational Directory, Part 3, Colleges and Universities, U. S. Office of Education, 1947. A ccrediting A ssociations : Law: The American Bar Association Medicine: The American Medical Association Dentistry: The Council on Dental Education of the American Dental Association Engineering: The Engineers’ Council for Professional Development Pharmacy: The American Council on Pharmaceutical Education, Inc. X ll The paucity of institutions offering opportunities for Negroes to pursue graduate and professional work in the South, coupled with the quota * system of Northern colleges and universities, has resulted in a serious curtailment of the number of highly-skilled Negro physicians, lawyers, engineers, etc. In 1940 there was one skilled Negro and white out of the following number of the South’s Negro and white population, respectively: 15 Profession White Negro Doctors: 843 4,891 Lawyers: 702 27,730 Dentists: (male) 2,589 13,425 Engineers: (male) 655 142,944 Pharmacists: (male) 1,711 25,246 * The President’s Commission on Higher Education comments: “ The Quota System. At the college level a different form of discrimination is commonly practiced. Many colleges and uni versities, especially in their professional schools, maintain a se lective quota system for admission, under which the chance to learn, and thereby to become more useful citizens, is denied to certain minorities, particularly to Negroes and Jews. “ This practice is a violation of a major American principle and is contributing to the growing tension in one of the crucial areas of our democracy. “ The quota, or numerous clausus, is certainly un-American. . . . “ The quota system denies the basic American belief that intelli gence and ability are present in all ethnic groups, that men of all religious and racial origins should have equal opportunity to fit themselves for contributing to the common life. “ Moreover, since the quota system is never applied to all groups in the Nation’s population, but only to certain ones, we are forced to conclude that the arguments advanced to justify it are nothing more than rationalizations to cover either convenience or the disposition to discriminate. The quota system cannot be justified on any grounds compatible with democratic principles.” Higher Education for American Democracy, A Report of the President’s Commission on Higher Education, Government Printing Office, Washington, D. C., December, 1947, p. 35. 15 16th Census; 1940, Population, Labor Force. Xlll These are the results of segregated education. Broken down by individual states, the figures show up in even sharper relief (see Appendix Chart Y for this data). The implications of the figures presented above are ex tremely serious. The fallacy that Negroes are not desirous or capable of absorbing and utilizing specialized training has often been voiced by people from all parts of our nation. The findings of such sciences as anthropology, sociology, and psychology, however, refute these arguments. The fact is that the opportunities for Negroes are too limited and too few, in these and other fields as well. As a southern educator has recently phrased it: “ They don’t teach us what they blame us for not knowing. ’ ’ 16 That Negroes want the benefits of more and better education is evidenced by recent court cases, by the great increase in enrollments in Negro institutions, and by reports from the schools them selves. Howard University for the present school year stated that the total enrollment was over 7,000. The medical school which can accommodate 70 freshmen had to turn down 1,180 ably qualified applicants. The pharmacy and dentistry schools which can each accommodate 50 had over 700 and 500 applicants, respectively.17 And Howard, it must be remembered, is the only public institution in the South where Negroes can get professional training in these fields. These conditions would seem to apply to other schools as well.* However, the case for the extension of equal educa tion for the Negro rests only in part upon his equal ______ educability. The basic social fact is that in a democ- 16 Quoted in Fred H. Hechinger’s column, The Washington Post, March 7, 1948. 17 The Crisis, November, 1947, p. 324. *85% of all Negro doctors and 90% of all Negro dentists are trained at Howard and Meharry, report Henry and Katherine Pringle, “ The Color Line in Medicine,” The Saturday Eveninq Post, Tanuary 24, 1948. X IV racy his status as a citizen should assure him equal access to educational opportunity.* 18 E ducational Opportunity Dr. Charles H. Thompson, Dean of the Howard Grad uate School, reviewing the limited number of trained Negro professionals, remarks: 19 Whatever other inferences may be drawn from the facts . . . one of the most important and inevitable conclusions is that Negroes in the separate school systems of the 17 states and the District of Columbia which require racial segregation have been the vic tims of gross discrimination in the provision of edu cational opportunities. On the whole Negroes have had only about one-fourth the educational oppor tunity afforded to whites in the same school systems, as indicated by the product turned out. White WMmmmmwmmmmmm, Negro h h h h j, 1 i 1 I 1 1 1 1 1 J 1 1 1 1 1 1 1 I I 1 The following quote demonstrates some of the results of the conditions described above : In the 17 states and the District of Columbia the median years of schooling for the white population was 8.4; for Negroes the median was 5.1; with a range for the whites running from 7.9 in Kentucky to 12.1 in the District of Columbia; and for Negroes from 3.9 in Louisiana to 7.6 in the District of Columbia. Some 13.2% of the white population had completed 4 years of high school as compared with only 2.9% of the Negroes; 12.1% of the whites had had some 18 Higher Education for American Democracy, Op. Cit., Vol. II, p. 30. 18 Thompson, Charles H., The Journal of Negro Education, Howard University Press, Vol. XVI, Summer, 1947, p. 265. X V college education, as compared with only 2.5% of the Negroes; and 4.7% of the white population had had 4 or more years of college as contrasted with only 1.1% of the Negroes. There were, therefore, 4 times as many whites as Negroes with a high school or college education in these states which require racial segregation by law.20 Although it is on the higher and professional levels of education that the inequities resulting from a segregated system can best be demonstrated, there are some differ entials in the indices of education which show up most graphically in the lower or primary levels. The following pages will demonstrate some of these differentials. Inequities in Lower or Primary Education T he T ax-P ay ee ’s D ollae White Negro $*o I 1 I 25 I - 1 I 50 1 1 1 1 1 100 The tax-payer’s dollar for public education in the South is divided between the schools for white children and the schools for Negro children. The average expense per white pupil in ten southern states in 1944-5 was 189% greater than the average expense per Negro pupil. Specifically, the tax-payer paid $88.70 to educate his white citizens and only $46.95 to educate his Negro citizens. 20 Thompson, Op. Cit., p. 264. X V I A verage E xpenditure P er P u pil in A verage D aily A ttendance : 1944-5 21 State White Negro % White is Greater Alabama $68.07 $27.62 246% Arkansas $59.63 $27.22 219% D. C. (1947) $160.21 $126.52 127% Florida $108.02 $54.88 197% Georgia $88.13 $27.88 316% Louisiana $113.30 $34.06 333% Maryland $78.00 $69.00 113% Mississippi * $45.79 $10.10 453% North Carolina $74.86 $59.26 126% South Carolina $90.00 $33.00 273% A verage : $88.70 $46.95 189% * Per pupil enrolled. The value of school property in 8 southern states * in 1944-5 amounted in all to $867,960,280.21 22 Distributed, it looks like this: (in millions of dollars) Negroes $o 100 200 I 300 I I I 400 500 600 700 800 900 1000 On a per capita basis of enrolled students, the picture looks like this: White child Negro child 25 50 75 100 125 150 175 200 225 250 In other words, 427.6% more was invested for each white pupil than for each Negro pupil. 21 The Journal of Negro Education, Howard University Press, Vol. XVI, Summer, 1947, passim. * The eight states: Ala., Fla., Ga., Md., Miss., N. C., S. C., Tex. 22 Washington, Alethea H., The Journal of Negro Education, Howard University Press, Summer Issue, Vol. XVI, 1947, p. 446. X V II A verage V alue of S chool P roperty P er P u pil E nrolled : 1944-528 State White Negro % White is Greater Alabama $143.00 $29.00 493% Arkansas ** $142.87 $42.59 335% Florida $284.11 $59.76 475% Georgia $160.00 $35.00 457% Louisiana ** $281.97 $50.29 561% Maryland ** $364.06 $163.69 222% North Carolina $203.80 $73.08 279% South Carolina $204.00 $40.00 510% Texas $230.25 $76.79 300% Virginia ** $221.51 $85.54 259% ** Data for these states is for 1943-4. T eachers ’ S alaries $0 200 400 600 800 1000 1200 1400 1600 1800 2000 I I i I I I I I I I I The amount of salary paid teachers is an important factor in securing and holding capable teachers. In 1944-5 average salaries for teachers in the South were $1,513.57 for whites and $1,187.28 for Negroes.* * The differential in the average for whites and Negroes amounted to $326.29, or phrased differently, the average salary per white was 127.5% greater than that per Negro. 23 The Journal of Negro Education, Summer, 1947, passim, and Statistics of State School Systems, 1943-44. * The salary paid Negroes in 1944-5 is lower than the average salary paid to all teachers in the United States in 1933-34. XV111 A verage A n n u a l T each ers S alaries : 1944-45 24 State White Negro % Wkite is Greater Alabama $1,185.50 $ 784.50 158% Arkansas 1,020.00 624.00 163% Delaware 1,953.00 1,814.00 108% Florida 1,757.07 1,174.34 150% Georgia 1,130.00 540.00 209% Kentucky 1,085.00 (medians) 1,225.00 208%Louisiana 1,683.33 810.98 Maryland ** 2,085.00 2,002.00 104% Mississippi 1,018.01 407.81 250% Missouri 1,239.00 1,519.00 North Carolina 1,294.50 1,305.59 Oklahoma ** 1,428.00 1,438.23 South Carolina 1,314.00 785.50 167% Tennessee 1,147.36 1,087.88 105% Texas 1,627.00 1,136.00 143% Virginia ** 1,364.00 1,129.00 121% West Virginia D. C. 3,400.00 3,400.00 A v e r a g e : 1,513.57 1,187.28 127.5% ** Data for these states is from Statistics of State School Systems, 1943-44. n.b. K y.: Heavy concentration of Negro teachers in wealthier city districts accounts for higher salaries. M o.: Most Negro teachers are in the 2 largest cities where both groups are paid higher salaries than elsewhere in the state. N. C .: Both groups are paid by the same salary schedule. Negroes are either better trained or have greater employment stability. Tenn.: Negroes had .39 more college years of training. D. C .: These salaries are estimates. Salary range is from $3,150-3,750. Negro students, as reported for 1943-44, received only $1,349,834 (10 states reporting) out of a total of $43,448,777 spent by these states to take their children to and from school. Negro students, who in that same year comprised 25% of the school population in the South, received only 3.1% of all funds spent for transportation purposes. 24 24 The Journal of Negro Education, Howard University Press, Vol. XVI, Summer, 1947, passim. 25 50 % of school population °/o of funds for transportation I - I I 0% 25 50 Whereas $6.11 is spent on an average per white child, only $.59 is similarly spent on each Negro child.25 26 This means that even when the schools exist, Negro children encounter far greater difficulties in reaching them. T ran spo r tatio n E x p e n d it u r e : 1943-4426 State White Negro White Negro (total) (total) (per capita enrolled student) Alabama $ 2,520,102 $ 179,927 $ 6.09 $ .79 Arkansas 1,508,979 107,083 5.01 1.07 Delaware 311,064 9.05 D. C. 15,271 .28 Florida 1,589,182 106,168 6.18 1.08 Georgia 2,777,531 71,523 6.52 .28 Kentucky 1,961,947 4.02 Louisiana 3,389,131 12.58 Maryland 1,370,715 231,846 6.10 3.91 Mississippi 3,170,384 60,000 11.52 .22 Missouri 4,270,391 7.31 North Carolina 2,304,334 392,157 4.05 1.53 Oklahoma 2,464,424 192,449 5.77 5.28 South Carolina 1,410,421 8,681 5.66 .04 Tennessee 2,050,277 4.07 Texas 5,888,904 397,663 5.64 1.99 Virginia 2,702,596 6.89 West Virgina 1,995,627 5.20 T o t a l : $42,098,943 $1,349,834 $ 6.11 $ .59 The pattern of inequities resulting from segregation is uniform throughout the seventeen southern states and the 25 Statistics of State School Systems, Government Printing Office, Wash., D. C., 1943-44. 26 Ibid. X X District of Columbia. In order to demonstrate briefly that these conditions pertain in Texas, a few data are included to show the inequities in the lower and higher levels of education. E ducational F acilities in th e S tate of T exas Despite the fact that petitioner’s State of Texas is a relatively wealthy state, the white median distribution of state-supported Negro classrooms is 200% greater than the Negro median.27 If as much money was spent on the aver age Negro classroom unit as there was for whites, Texas would have to spend an additional $5,320,000 on its 7,600 Negro units. The military rejection rates for failure to pass minimum “ intelligence” standards in the war period of June-July 1943 showed great differentials between the rates for whites and Negroes. In Texas 10.4% of whites were rejected for this reason, while the comparative figure for Negroes was 20.5%.28 In 1940 the functional illiteracy in the State of Texas was 16% for whites, but 36.4% for Negroes. Simi larly, Texas spent $92.69 in 1947 to educate each white child, but only $63.12 to educate each Negro child.29 Money in vested in school property shows a similar pattern; Texas in 1944 invested $230.25 for each white child and $76.79 for each Negro child.30 The length of a school term is another index for good educational standards. In 1943-44 the average school term for Negroes in Texas was 7.7 days shorter for Negroes than it was for whites. (This is one-third of a school month.)31 27 Norton, John K., and Lawler, Eugene S., An Inventory of Public School Expenditures in the United States, Vol. I, pp. 91, 97. 28 The Black and White of Rejections for Military Service, Ameri can Teachers Associations Studies, 1944, p. 6. 29 The Negro Yearbook, 1947, Tuskegee Institute, p. 76. 30 Statistics of State School Systems, Government Printing Office, AYash., D. C., 1943-44. 81 Ibid. X X I A one-teacher, one-room type of school is ordinarily not the optimum condition under which to study. In Texas 68% of the schools for whites were of this type, but the figure for the Negro child was 81%. The amount of money spent for school transportation for each white child was $5.64, whereas only $1.99 was spent for each Negro child. The present state of higher education in Texas follows the same patterns of discrimination established on the lower levels. Certain examples typify how state and federal funds allocated for the purpose of higher education are dis proportionately channeled into the institutions for whites only. 1. In Texas, the highest salary paid a full professor at Prairie View University (Negro) is lower than the salary paid (one exception) in any of the 13 other public institutions for whites.32 2. Texas: “ Public institutions for Negroes do not have as many students enrolled as the private institutions. Only 39.8 per cent of all Negro students enrolled in Texas colleges in 1929 were attending public institutions. This fig ure increased to 45.2 per cent in 1944. As far as enrollment is concerned, the burden of higher learning for Negroes is actually being carried for Texas by the Negro private col lege. __Five public and two private colleges offer courses in engineering for white stud ents. There is no engineering course for Negro students in Texas. One public and one private college offer medicine to white students. There is no medical school for Negro students in Texas. With the exception of teacher-training, nursing, and Divinity, no professional training is available to Negroes within the state. ’ ’ 83 * 38 32 See testimony of Dr. Charles H. Thompson in Record of this case, p. 262. 38 The Journcil of Negro Education, Summer, 1947, p. 431. X X II Petitioner has submitted this appendix in order to show a factual picture of the inequities which have and do result under a segregated system of education. This picture, as well as the general pattern of segregation, leads us to agree with this statement from the Report of the President’s Com mission on Higher Education: “ We have proclaimed our faith in education as a means of equalizing the conditions of men. But there is grave danger that our present policy will make it an instrument for creating the very inequalities it was designed to prevent. If the ladder of educa tional opportunity rises high at the doors of some youth and scarcely rises at all at the doors of others, while at the same time formal education is made a prerequisite to occupational and social advance, then education may become the means, not of eliminating race and class distinctions, but of deepening and solidifying them. “ It is obvious, then, that free and universal access to education, in terms of the interest, ability, and need of the student, must be a major goal in Amer ican education. ’ ’ 34 34 Higher Education for American Democracy, A Report of the President’s Commission on Higher Education, Government Printing Office, Washington, D. C., December, 1947, Vol. I, p. 36. XX111 Public Institutions of Higher Education: Texas, 1945-46 Appendix Chart I W kite Prairie View (Negro ) % of population 85.7% 14.3% Number of institutions * 15 2 % of institutions 88.2% 11.8% Value of plant & equipment ** $72,790,097 $4,170,910 Value per capita population $12.88 $4.71 Total expenditures $32,007,219 $871,678 Expenditure per capita population $5.85 $.94 State & Federal appropriation $17,712,820 $297,318 Appropriation per capita population $3.23 $.32 Total Current income $33,912,086 $914,141 Library expense per year $577,093 $19,720 Number of faculty *** 2,133 (av. 178) 118 Total salaries $8,504,031 $253,133 Average salary $3,987 $2,145 Number of students *** 43,040 1,576 % of all students in public institutions 96.5% 3.5% * Unless otherwise indicated these figures are based on 13 insti tutions for whites and one for Negroes. Data for the others is not available (Thompson). ** The figure for whites is based on only 11 institutions. *** The figures for whites are based on 12 institutions. Data is from reports from the U. S. Office of Education, Form SRS-21.0-46, Parts I and II. X X IV Appendix Chart II Total Institutions of Higher Learning North & W est % of total U. S. population 65.5% Total number of institutions 1066 % of all institutions 64.7% 1 institution per every ............. population 80,978.0 Total expenditures * $573,074,370 % of total expenditures 77.7% Expenditure per capita population $6.66 Average expenditure per institution $537,593 % of total population with 4 or more years of college ** 2.9% % of respective population South Total Negro White 34.5% 7.7% 26.7% 634 104 530 37.3% 6.1% 31.2% 71,524.9 97,586.6 66,410.9 $164,060,000 $13,438,000 $150,622,000 22.3% 1.8% 20.5% $3.61 $1.32 $4.28 $258,770 $129,212 $284,192 2.0% 0.1% 1.9% 0.5% 2.5% Sources: The Educational Directory, 1946-47, III, p. 7. 16th Census: 1940, Population, 2nd Series, U. S. Summary, p. 47. The Journal of Negro Education, Summer 1947, p. 468. Statistics of Higher Education, 1943-44, p. 70. * Since the expenditures for 137 institutions (56 in the South, 81 in the North and West) were not reported, we made an average of those reporting per insti tution ($443,608.45), making an additional $59,404,358 thereby changing the total to $737,134,370 spent on higher education in the United States in 1943-44. ** Percent for the country as a whole is 2.6%. X X V Appendix Chart III Length of School Term: 1943-44 State White Negro Alabama 169.6 166.1 Arkansas 165.3 141.8 Delaware 181.5 181.7 D. C. 175.0 177.0 Florida 172.4 168.2 Georgia 175.3 165.0 Kentucky 159.2 171.6 Louisiana 180.0 156.7 Maryland 186.7 186.5 Mississippi 165.5 130.0 Missouri 182.4 193.9 North Carolina 179.9 179.9 Oklahoma 169.0 175.8 South Carolina 176.0 160.4 Tennessee 166.7 169.0 Texas 173.9 166.2 Virginia 180.0 180.0 West Virginia 172.1 173.7 A verage : U. S. A verage: 173.5 175.5 164.0 Statistics of State School Systems, 1943-44, Federal Security Agency, U. S. Office of Education. X X V I Rejection Rates for Failure to Meet Minimum “ Intelligence” Standards June-July, 1943: The South Appendix Chart IV Per Cent Rejected State White Negro Alabama 8.5 25.8 Arkansas 9.8 31.1 Delaware * D. C. 0.6 9.0 Florida 3.4 19.6 Georgia 8.2 27.4 Kentucky 6.1 5.4 Louisiana 6.0 30.6 Maryland 2.0 21.7 Mississippi 5.0 31.1 Missouri 2.1 10.4 North Carolina 10.7 16.3 Oklahoma 3.9 16.1 South Carolina 8.7 43.0 Tennessee 5.6 9.5 Texas 10.4 20.5 Virginia 8.4 18.8 West Virginia 4.7 4.8 The Black and White of Rejections for Military Service, Ameri can Teachers Association, 1944, p. 6. * Less than 200 registrants during this period. Appendix Chart V Ratio of Professionals to Population by Race: The South, 1940 D octors D e n t is t s L a w y e r s E n g in e e r s P h a r m a c is t s W N W N W N W N W N Alabama 1,050 10,034 3,279 25,876 1,133 245,823 860 245,823 2,217 54,627 Arkansas 913 13,657 4,177 36,418 954 122,911 1,396 491,645 2,119 140,470 Delaware 714 4,485 2,305 7,175 941 17,938 218 2,022 4,485 D. C. 308 955 1,113 2,881 100 2,497 151 15,606 651 4,355 Florida 704 5,843 2,050 13,185 507 51,420 637 1,116 20,568 Georgia 850 6,955 2,651 21,699 760 135,616 802 216,985 1,625 49,315 Kentucky 1,070 2,326 3,458 7,380 997 10,192 1,181 71,344 2,626 14,269 Louisiana 686 9,132 2,043 23,314 796 141,551 555 141,551 1,492 24,266 Marvland 536 2,876 1,816 10,411 431 9,435 334 50,322 1,317 21,567 Mississippi 864 19,538 2,837 37,054 850 358,193 682 268,645 1,740 97,689 M issouri 733 1,228 1,588 5,200 661 6,789 616 34,912 1,466 9.399 N. Carolina 1,063 5,911 3,581 16,637 1,061 36,337 1,297 490,649 2,200 30,666 Oklahoma 976 2,156 2,931 8,850 643 6,726 658 28,025 1,669 8,007 S. Carolina 910 11,467 3,410 20,354 938 162,833 905 814,164 1,467 50,885 T ennessee 958 2,292 3,175 6,875 912 31,796 779 254,368 2,035 14,963 Texas 901 5,637 2,882 11,412 709 40,191 592 154,065 1,559 28,887 V irginia 818 3,985 2,604 10,499 636 13,780 551 165,362 1,705 20,044 W . V irginia 1,059 2,560 3,147 4,528 1,230 6,927 742 117,754 3,366 11,775 Total South Num ber 41,762 2,075 13,596 756 50,107 366 53,763 71 20,572 402 Ratio 843 4,891 2,589 13,425 702 27,730 655 142,944 1,711 25,246 Source: U. S. Census, Population, Labor Force, 1940. II A X X XXV111 Rejections of White Registrants in 7 Southern States and Negro Registrants in 10 Northern and Border States Due to Failure to Meet Minimum “ Intelligence” Standards, 1943 Appendix Chart VI New York City Illinois............ Massachusetts Michigan........ Indiana .......... West Virginia . Ohio ............. Kentucky . . . . California Pennsylvania . Georgia ......... Virginia ........ Alabama ........ South Carolina Arkansas Texas ............ North Carolina (Selective Service Data) Per Cent Rejected Negro White Source: The Black and White of Rejections for Military Service, American Teachers Association, 1944.