Bluford v. Canada Records and Briefs

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IN THE H
SUPREME COURT OF MISSOURI

DIVISION NO. 1

MAY TERM, 1941

STATE ex rel. LUCILE BLUFORD,
Appellant,

vs. No. 37449
S. W. CANADA, Registrar of the Uni-\ 

versity of Missouri,
Respondent.^

Appeal from the Circuit Court of Boone County, Missouri, 
Honorable W. M. Dinwiddie, Judge.

APPELLANT'S STATEMENT, BRIEF AND ARGUMENT

SIDNEY R. REDMOND,
HENRY D. ESPY,
JOHN A. DAVIS,
CHARLES H. HOUSTON,

Attorneys for Appellant.

Printed by Luw Reporter Ptg. Co., 518 5th St., Washington, D. C.





INDEX TO BRIEF
PAGE

Statement______________________T_______________  1
Petition---------------------------------------------------------  2
Return-------------- ------------------------------------------  5
Reply to return______________________________ 7
Reply to the reply to return-------------------------  8

Appellant’s Evidence in Chief-------------------------------  9
Lucile Bluford--------------------------------------------- 9
Dowell H. Davis, Jr---------------------------------------  22
Alberta Hall _______________________________  23
Leslie Cowan______________________________  24

Respondent’s Evidence----------------------------------------  26
I. C. Tull _________________________________  26
S.W . Canada_______________________________  28
Frank L. Martin____________________________ 29
I. C. Tull, recalled___________________________  35
S. W. Canada, recalled_______________________  35

Appellant’s Rebuttal
Lucile Bluford, recalled_____________________  36
Dorothy Davis ____________________________  38
Ada Franklin _____________________________  38

Opinion of the Court_____________________________  39
Argument______________________________________  39

I. The refusal to issue the peremptory writ 
denied appellant the equal protection of the laws 40

II. The refusal of the trial court to issue the
peremptory writ was an abuse of judicial dis­
cretion _______________________________________  42

Ministerial d u ty____________________________  43
No prior demand on Lincoln University

necessary _______________________________  45
Good faith ________________________________  47

Conclusion ______________________________________  48
Index to Abstract of Record______________________ 51
Relator’s Exhibits ______________________________  51
Respondent’s Exhibits __________________________  53





IN THE

SUPREME COURT OF MISSOURI
DIVISION NO. 1

MAY TERM, 1941

STATE ex rel. LUCILE BLUFORD, \
Appellant, I

) No. 37449
S. W. CANADA, Registrar of the Uni-( 

versity of Missouri, ]
Respondent./

Appeal from the Circuit Court of Boone County, Missouri, 
Honorable W. M. Dinwiddie, Judge.

APPELLANT'S STATEMENT, BRIEF AND ARGUMENT

STATEMENT
This suit was commenced October 13, 1939 in the 

Circuit Court of Boone County by filing a petition for 
a writ of mandamus to compel the Registrar of the 
University of Missouri to issue relator Lucile Bluford, 
appellant, a Negro, a permit to register in the Graduate 
School of the State University of Missouri for grad­
uate work in Journalism, and to register her in and



2

admit her to said Graduate School for graduate work 
in Journalism, at the next regular admission period 
for said Graduate School matriculating students for 
graduate work in Journalism, upon her paying the 
lawful uniform fees and meeting the lawful uniform 
requirements for such registration and admission (Abs.
pp. 1-11).

On October 13,1939, the presiding Judge granted an 
alternative writ which set out the allegations of the 
petition in toto (Abs. pp. 11-20).

In due time respondent filed his retui’n to the alter­
native writ (Abs. pp. 21-33). Appellant filed her reply 
to respondent’s return (Abs. pp. 33-37), and respond­
ent filed a reply to appellant’s reply to his return (Abs. 
pp. 38-40).

The pleadings are voluminous. Abstracted, the prin­
cipal allegations are as follows:

The petition sets forth that appellant is an adult 
Negro citizen of the United States and of Missouri, 
resident in Kansas City, a taxpayer, and possesses the 
scholastic, moral and all other lawful qualifications for 
admission to the Graduate School of the University of 
Missouri, for graduate work in journalism; that she 
desires to pursue such graduate work for the purpose 
of increasing her proficiency in her chosen profession 
of journalism and the value of her services to the 
“ Kansas City Call,”  a newspaper of the State of 
Missouri, and to the people of the State; that in Jan­
uary, 1939, she duly applied to respondent as Registrar 
of the University of Missouri for admission to the Uni­
versity for graduate work in journalism beginning 
the second semester of the academic year 1938-1939. 
Her application and transcript of her college work 
were checked; she was found fully qualified and was 
instructed to call at respondent’s office for the permit 
to register when she came to the university campus to



3

register for the second semester 1938-1939; that pur­
suant to such instructions she did duly appear at re­
spondent’s office prepared and ready to pay the law­
ful uniform fees and meet all lawful uniform require- 
ments and asked respondent for her permit to register 
but he denied her the same solely because of her race; 
that the issuance by respondent of a permit to register 
is a condition precedent to registration and admission 
of a prospective student to the Graduate School of the 
University for graduate work in Journalism (Abs. pp. 
2-3).

The petition further states that in August, 1939, 
appellant renewed her application to respondent for 
admission to the Graduate School for graduate work 
in journalism, beginning the first semester 1939-1940; 
that at the registration period for said semester she 
presented herself at the University prepared and ready 
to pay the lawful uniform fees and meet all lawful uni­
form requirements and asked respondent to issue her 
a permit to register, but that again he denied her the 
same solely because of her race (Abs. p. 4).

The petition further states that the University of 
Missouri is a public institution maintained by the 
State for the training of all students, citizens and for­
eigners, except Negroes; that respondent is the officer 
who has charge of all matters relating to registration 
and admission of students to any department, including 
the Graduate School and the School of Journalism and 
in the admission of students functions as a state officer 
(Abs. p. 5 ); that the Graduate School and School of 
Journalism are integral, component parts of the Uni­
versity, and students desiring graduate work in jour­
nalism are formally enrolled in the Graduate School 
but take their principal woi’k in the School of Journal­
ism ; that the School of Journalism is of the highest 
ranking in its field and exists to serve the newspapers



4

of the State of Missouri; that a person holding a 
bachelor’s degree in journalism or its equivalent may 
become a candidate for the degree of Master of Arts 
in Journalism (Abs. p. 6) ; that appellant is a grad­
uate of Kansas University, 1932, Bachelor of Arts 
with major in journalism (Abs. p. 7), which is equiva­
lent to a Bachelor of Journalism from the University 
of Missouri, and fully qualifies her with respect to 
academic training for admission to the Graduate School 
of the University of Missouri for graduate work in 
Journalism; that after her graduation appellant was 
employed on the “ Atlanta Daily W orld”  and since 
October, 1932, has been employed on “ The Kansas City 
Call” —serving as managing editor since August, 1937; 
that after completing her graduate work in journalism 
at the University of Missouri she plans to remain in 
Missouri on the staff of “ The Kansas City Call”  and 
give the paper and the people of the State the benefit of 
her graduate training and experience (Abs. p. 8).

The petition further states that the University of 
Missouri is the only institution in the State offering 
graduate work in journalism; that Lincoln University, 
which is the public institution maintained by the State 
for the higher education of Negroes, does not have any 
courses in journalism; does not have the physical 
plant, faculty, or other resources to offer graduate work 
in Journalism, and appellant was advised by the Presi­
dent of Lincoln University September 28, 1939, that 
the organization and approval of graduate work in 
journalism at that institution had to await time for 
study and report by the President and Faculty of that 
institution (Abs. p. 9).

The petition further alleges tender (Abs. p. 370) 
and states that as a result of respondent’s refusal to 
issue her a permit to register and his further refusal 
to register and admit her in the Graduate School



5

for graduate work in journalism appellant lias irre­
trievably lost time out of her life in entering upon 
graduate work in journalism, and her service to the 
"Kansas City Call”  and to the people of the State 
has suffered (Abs. pp. 4-5); that respondent’s re­
fusal violated the equal protection clause of the 
Fourteenth Amendment to the United States Constitu­
tion, and appellant is without remedy and will con­
tinue to be denied the equal protection of the laws 
unless the Court issues its writ of mandamus to compel 
the respondent to issue her forthwith a permit to regis­
ter, and to register and admit her to the Graduate 
School for graduate work in journalism at the next 
regular admission period upon her paying the lawful 
uniform fees and meeting all lawful uniform require­
ments (Abs. p. 10).

In his return respondent denies seriatim all the alle­
gations of the petition (Abs. pp. 21-27), and then states 
it is contrary to the constitution, laws and public policy 
of the State of Missouri to admit, appellant, a Negro, 
as a student in any school or department of the Uni­
versity of Missouri, and that the constitution, laws 
and public policy of the State of Missouri require the 
education of the white and Negro races in separate 
public schools and universities (Abs. p. 27); that the 
State has established Lincoln University for the higher 
education of the Negro students of the State, and by 
Laws of 1939, p. 685, the Board of Curators of that 
university is required to reorganize the same so that 
it shall afford the Negro people of Missouri opportu­
nity for training up to the standard furnished at the 
State University of Missouri (Abs. pp. 28-29) and by 
Laws of 1939, p. 78, $200,000.00 was appropriated spe­
cifically for that purpose (Abs. p. 30); that Lincoln 
University had and still has ample funds by State ap- 
piopriation for its proper operation, and the opportu­



6

nity for higher education to Negroes there has been 
and is substantially equal to that available to white stu­
dents in the University of Missouri; that the duties 
imposed on the Lincoln board are mandatory, and the 
effect of the laws is to afford Negro students educa­
tional opportunity equal to that afforded white stu­
dents at the University of Missouri; that under the 
law the curators of the University of Missouri have 
taken oaths to uphold the constitution, statutes and 
public policy of Missouri requiring separation of the 
races in education, and in refusing to admit appel­
lant, a Negro, respondent as an employee of said 
curators was acting in conformity with the constitution, 
laws and public policy of Missouri and not otherwise 
(Abs. 31-32), and that appellant has no right to a writ 
of mandamus.

The return further charges that the State has dele­
gated to the Board of Curators of Lincoln University 
the exclusive power and mandatory duty to provide 
Negroes with facilities and opportunities for education 
substantially equal to those available to white students 
at the University of Missouri; that the State has not 
delegated any such power to or imposed any such duty 
on the Board of Curators of the University of Missouri, 
and appellant is entitled to assert her right to an edu­
cation in journalism against the Board of Curators 
of Lincoln University only; and that the alternative 
writ should be quashed (Abs. pp. 32-33).

By amendment at the trial the return was amended to 
charge that appellant does not come into court with 
clean hands but is merely acting as a nominal party for 
the National Association for the Advancement of Col­
ored People in conspiracy with it to break down the 
law and policy of Missouri requiring separation of the 
races for education, and to obtain publicity for it and 
other persons (Abs. p. 370).



7

Appellant filed her reply to respondent’s return. 
Therein she states that since the University of Missouri 
is the only public institution in Missouri offering 
graduate work in journalism, the State constitution, 
laws and public policy of Missouri requiring a separa­
tion of the races are null and void as in conflict with 
the equal protection clause of the Fourteenth Amend­
ment to the United States Constitution so far as they 
purport to require or justify respondent’s refusing to 
register her for graduate work in Journalism in the 
University of Missouri solely because of her race 
(Abs. p. 34); that the Board of Curators of Lincoln 
University has not been able to inaugurate graduate 
work in journalism and has neither plant, faculty, 
financial resources or other means to that end (Abs. 
p. 35); that Lincoln University does not have funds 
adequate for its proper support; that the educational 
opportunities furnished Negroes at Lincoln University 
are not substantially equal to those available to white 
students at the LTniversity of Missouri; that the cura­
tors of the University of Missouri also take an oath 
to support the Constitution of the United States and 
the Amendments thereto, but violate that oath by re­
quiring or approving the act of respondent in refusing 
to issue her a permit to register and to register her in 
the Graduate School of the University of Missouri for 
graduate work in journalism solely because of race 
(Abs. p. 36).

The reply further denies that respondent in refusing 
her a permit to register acted lawfully, or that she has 
an adequate remedy other than mandamus; or that 
the sole power and duty of furnishing Negroes 
higher education is on the Board of Curators of Lincoln 
University, and states that she has not waived or for­
feited her right to have respondent issue her a permit 
to register and to register her as aforesaid, and insists



8

on the equal protection of the laws; and joins issue 
(Abs. p. 37).

Respondent filed his reply to appellant’s reply. He 
denies that the constitution, laws and public policy of 
Missouri requiring the separation of the races for edu­
cation and prohibiting the admission of relator to the 
University of Missouri violate the equal protection 
clause of the Fourteenth Amendment to the Constitu­
tion of the United States; that the Board of Curators 
of Lincoln University has been unable to inaugurate 
graduate work in journalism, or has not added any 
teachers or does not control equipment suitable for 
graduate work in journalism, or has obligated or 
allocated all of the appropriation without engaging 
teachers and purchasing equipment for graduate work 
in journalism (Abs. p. 38-39); denies that the Curators 
of the University of Missouri have violated their oath 
to support the Constitution of the United States by 
requiring or approving respondent’s refusal to admit 
appellant to the University of Missouri, and asserts 
that appellant has no right to a permit to register or 
registration (Abs. p. 40).

The case was tried in the Circuit Court of Boone 
County on February 9, 1940. The Presiding Judge 
founded the issues in favor of respondent, and quashed 
the alternative writ (Abs. pp. 40-41). A timely motion 
for rehearing was overruled, and an appeal taken to 
this court (Abs. p. 42).



9

APPELLANT’S EVIDENCE IN CHIEF
Lucile Bluford

Di rect:
Appellant, the first witness in her behalf testified she 

was born in North Carolina in 1911; that her father 
moved to Kansas City when she was 10 for a better 
job and to give his children a better chance at educa­
tion (Abs. p. 44). She was educated in the Kansas 
City graded and high schools for Negroes and studied 
journalism at the University of Kansas. She would 
have liked to have gone then to the University of Mis­
souri but knew the policy of the University of Missouri 
was not to admit Negro students (Abs. pp. 44-45).

Her father has owned his home in Kansas City ever 
since they moved there. As to family background: her 
father teaches at Lincoln High School (Abs. p. 46), is 
a graduate of Howard University and did graduate 
work at Cornell. Her mother is a graduate of Oberlin 
College. One brother, John, graduated from the School 
of Business Administration, Kansas University, and 
is manager of the Supreme Liberty Life Insurance 
Company at Memphis. Her other brother graduated 
from the School of Engineering, Kansas University 
and is head of the Mechanical Arts Department in 
Alcorn College, Mississippi. She herself received tui­
tion aid from the State of Missouri for her sophomore, 
junior and senior years at Kansas University; did not 
receive it her freshman year because the law provided 
scholarships only for courses offered at the University 
of Missouri which were not offered at Lincoln Univer­
sity, and her freshman year at Kansas University 
covered subjects offered at Lincoln University (Abs. 
p. 47). In the University of Kansas Department 
of Journalism her experiences on the University 
daily newspaper were cordial throughout her career. 
She served on the staff as exchange editor, telegraph



30

editor, society editor and night editor (Abs. p. 48). 
She was one of four students in her class elected to 
membership in the national journalism honor society 
but was not elected because the national organization 
advised the local chapter it might prove embarrassing 
in later years to have a Negro member (Abs. 49).

On graduation she worked on the “ Atlanta Daily 
W orld”  until October, 1932, and since then on the 
“ Kansas City Call.”  On Negro papers the staff can­
not specialize. She had to read proof, cover special 
assignments, and make up the paper. She was made 
Assistant News Editor in 1935, and in 1937 when the 
managing editor left the Call, she was promoted to his 
place (Abs. p. 50). As managing editor she has to be 
in touch with news happenings all over the country, 
must keep her finger on all her correspondents scat­
tered all over the states; and is responsible for the pro­
duction of five editions weekly: a special national edi­
tion on Tuesday for the far southern states; another 
national edition on Wednesday for Kansas and Mis­
souri; a Texas edition; a St. Louis edition known as 
the St. Louis Call and a city edition; the total certified 
audit circulation which is accepted by newspapers and 
advertisers as accurate is about 20,000, exclusive of the 
St. Louis Call. She is responsible for the news cover­
age, the writing and editing, the make-up, and time 
schedules. The Tuesday edition is 24 new pages; the 
second national edition on Wednesday has about 10 
pages changed; the Texas edition has four pages 
changed; the St. Louis Call is a completely new paper; 
the city edition is a completely new paper from 16 to 
20 pages (Abs. pp. 51-52).

As to the background of the Negro press, Negro news­
papers began long before the Civil War, fighting for 
the freedom of the Negro. After the Civil War more 
Negro newspapers sprang up as organs of the people



11

but they were not managed by trained people and did 
not last long. Following the improvement in the 
Negro’s educational and economic levels after the 
World War Negro newspapers became recognized as 
a business for the first time. The justification for the 
Negro press is the historical fact that the white press 
has not paid much attention to Negro achievements. 
The Negro press gives publicity to Negro achievements 
and interprets Negro life to white poeple and Negroes. 
The “ Kansas City Call”  has a large number of white 
readers and exchanges papers with the Kansas City 
white press (Abs. p. 53). The Call circulates on Kan­
sas City newsstands and the newsboys sell the paper 
on down town streets on Friday mornings. The paper 
is widely read by social workers, and persons inter­
ested in learning the problems of the whole community.

In the past 10 or 15 years the Negro press has come 
into increasing competition with the white press. The 
merchant advertiser is looking upon the Negro as a 
growing market (Abs. p. 54). The white press is com­
peting with the Negro press for patronage, and tells 
the advertisers the Negro press has no pulling power 
with the Negro market. Unless Negro press advertis­
ing gets results, the Negro press will not get the adver­
tising. The white daily press has the advantage be­
cause it reaches its readers seven times or fourteen 
times a week where the Negro weekly reaches its read­
ers only once a week. The “ Kansas City Star”  costs 
its readers two cents for forty pages or more; the 
“ Kansas City Call”  costs ten cents for twenty-four 
pages. Therefore the Negro paper’s staff in scholar­
ship and ability has to be at least as good as the staff 
on the smaller white papers (Abs. p. 55).

The natural area of the “ Kansas City Call”  is the 
southwest: about fifteen states with a Negro popula­
tion of 3,000,000. The Call with about 20,000 weekly



12

circulation probably reaches about 100,000 readers, 
but that is merely scratching the surface. If the Call 
had persons trained in journalism scattered throughout 
the southwest and persons in the office who could direct 
promotional campaigns for additional coverage, the 
Call would do a better job of news coverage and cir­
culation (Abs. p. 56).

There are not enough trained Negro journalists to 
supply Negro journalism. She thinks she would get the 
very training at the University of Missouri School of 
Journalism she needs to direct the Call correspondents 
and improve the paper. She first felt the need of 
graduate training in journalism about two years after 
she finished school and very keenly since she has been 
managing editor. The Call circulation has not in­
creased very much since she became managing editor, 
and she believes this is due to the depression and to 
her inability, lack of training and experience in pro­
motion and management. She feels that at the Uni­
versity of Missouri she would get the training needed; 
its School of Journalism is one of the best in the coun­
try (Abs. p. 57) and the only school operating a regular 
city newspaper as distinguished from a campus paper. 
The newspaper plant at the University of Missouri is 
equivalent to the Call plant. Lincoln University has 
no newspaper plant; only a printing plant under charge 
of a young man who formerly worked as a linotype 
operator on the Call (Abs. p. 58). The library of the 
School of Journalism, University of Missouri, is one 
of the outstanding journalistic libraries in the coun­
try; the library quarters are adequate for research in 
journalism. Lincoln University does not even have 
a library building. The journalism faculty at the Uni­
versity of Missouri is one of the best in the country; 
nobody at Lincoln University teaches journalism (Abs. 
p. 59). She first considered applying to the University



13

of Missouri for graduate work in journalism after the 
decision in the Gaines case December, 1938 (Abs. p. 
60). See letter, Bluford to Canada, January 4, 1939 
and his reply welcoming the inquiry January 10, 1939 
(Abs. pp. 60-61).

Dean Martin’s letter to Miss Virginia Brown, Jan­
uary 4, 1939—Exhibit G—shows appellant was accept­
able as a candidate in the Graduate School for the de­
gree of M.A. in journalism (Abs. p. 66).

By letter January 19,1939 l-espondent told appellant 
to call at his office for her permit to enroll, with assur­
ance that procedure would not delay her in registering 
at the regular time (Abs. pp. 63-64). On January 30, 
1939 she went to respondent’s office, and got in the line 
of students registering. The students were friendly. 
A clerk called her in respondent’s office where he told 
her he was sorry but she could not enroll and read her 
a prepared statement that the decision in the Gaines 
case had not become final, and pending the final out­
come the Board of Curators of the University of Mis­
souri could not alter the long established policy of the 
State. She went from respondent’s office to see Dean 
Martin of the School of Journalism (Abs. p. 68). He 
asked her for her permit and told her she had to have 
her permit to enroll before he could admit her to classes. 
She was ready and willing to pay all lawful uniform 
fees, meet all lawful uniform requirements, and obey 
all rules and regulations of the University (Abs. pp. 
67-69).

After she left the campus she sent telegrams to Presi­
dent Middlebush and to the Chairman of the Board of 
Curators telling them respondent had refused to admit 
her and asking them to order him to admit her since 
she was qualified (Abs. pp. 70-71). On February 2, 
1939 at the suggestion of the Secretary to the Chair­
man of the Board she wrote President Middlebush re­



14

newing her request for registration and enrollment 
(Abs. pp. 71-74). Respondent answered February 4, 
1939 saying her admission must be denied until there 
was a final decision by the courts of the Gaines case 
(Abs. p. 75).

In May, 1939 she attended the argument of the sec­
ond hearing of the Gaines case by the Missouri Supreme 
Court, and decided to apply again to the University of 
Missouri. There were no courses in journalism offered 
at Lincoln University (Abs. pp. 75-76). She wrote to 
respondent August 14, 1939 renewing her application 
to enroll (Abs. p. 77). Respondent replied August 16, 
1939 and told her to take up the matter with the Board 
of Curators of Lincoln University (Abs. p. 78). She 
answered September 8,1939, asking respondent for any 
information he might have about graduate work in 
journalism being offered at Lincoln University and 
inclosing a copy of her letter to President Scruggs and 
the Board of Curators of Lincoln University on the 
subject, and inquiring further as to registration dates 
at the University of Missouri (Abs. pp. 79-82). Reg­
istration dates at the University of Missouri were Sep­
tember 13 and 14. President Scruggs did not answer 
prior to her leaving Kansas City September 14, 1939, 
to go to Columbia to register at the University of Mis­
souri (Abs. p. 82). Respondent never gave her the 
information sought. When she returned to Kansas 
City she found a letter from Scruggs that the matter 
would be presented to the Executive Committee of the 
Lincoln Board at its September 30, 1939 meeting (Abs. 
P- 83).

Appellant on September 14, 1939 went to Canada’s 
office. She told him she was back to enroll but he 
replied he could not admit her. She told him she 
thought the second decision in the Gaines case had 
definitely settled the matter and she was eligible for



15

admission. He replied he could not admit her hut that 
Lincoln University was responsible for providing grad­
uate work in journalism for her. She said she did not 
think Lincoln University had any courses in journalism. 
He replied he thought plans were being made for such 
instruction the first semester (Abs. p. 85). All her 
student contacts on the campus were cordial. From 
the University of Missouri she went to Lincoln Uni­
versity in Jefferson City to find what courses in jour­
nalism were offered there. President Scruggs told her 
the Board of Curators had decided it would be impos­
sible to have a school of journalism at that time and 
that the project would have to wait for a report and 
further study by the Board (Abs. p. 86). She wired 
respondent there was no journalism at Lincoln Univer­
sity and please to reconsider her application to enter 
University of Missouri and permit her to enroll at 
once (Abs. p. 87). She also wired President Middle- 
bush and the President of the University of Missouri 
Board of Curators (Abs. p. 89).

President Scruggs wrote her October 2, 1939, that 
the graduate courses in journalism in which she is 
interested were not available at Lincoln University 
and must await time for study and report by the Presi­
dent and Faculty (Abs. p. 90). On October 6, 1939 she 
wrote a joint letter to Dean Martin of the Faculty of 
Journalism, Dean Bent of the Graduate Faculty, Pres­
ident Middlebush, and respondent appealing for imme­
diate enrollment for graduate work in journalism (Abs. 
pp. 91-93). Dean Bent answered October 9, 1939 that 
his duties as Dean of the Graduate School begin only 
when a student appears at registration with a permit 
to enroll (Abs. p. 94). Neither McDavid, Middlebush 
nor Canada answered (Abs. p. 95).

Appellant’s attorney S. R. Redmond October 3,1939, 
wrote President Middlebush inquiring what action the



16

Board of Curators of the University of Missouri took 
on appellant’s application (Abs. p. 95). Middlebush 
replied it has never come before the Board and that 
appellant should apply to the Curators of Lincoln 
University (Abs. p. 96).

The School of Journalism of the University of Mis­
souri has never given any assistance to the “ Kansas 
City Call”  or to any other Negro newspaper in Mis­
souri. No Negro editors have ever been invited to 
Journalism Week at the University of Missouri. She 
wants to enter the School of Journalism immediately. 
When she finishes she will stay with the Call; and will 
get a leave of absence from the Call so she can study 
at the University of Missouri (Abs. p. 98).

Cross-Examination:

Her salary is $35.00 per week; she has no stock in the 
business (Abs. p. 99). She definitely decided she 
wanted to study more journalism after she became man­
aging editor in 1937. It is her purpose to take a Mas­
ter’s degree, but the training leading to the degree is 
more important than the degree itself (Abs. p. 100). 
It takes a year to get the degree (Abs. p. 10). She 
produced 13 communications as correspondence be­
tween herself and the National Association for the 
Advancement of Colored People and withheld 19 be­
tween herself and counsel as privileged (Abs. pp. 101- 
103). Her father, J. H. Bluford, has been secretary 
of the Kansas City Branch of the National Association 
for years; she has been a member and head of the Pub­
licity Committee for years; one of her counsel in her 
damage suit against respondent in the Federal Court, 
Carl R. Johnson, is President of the Kansas City 
Branch of the National Association (Abs. 104).



17

December 12 (1938) appellant wrote Eoy Wilkins 
(Assistant Secretary, National Association for the 
Advancement of Colored People) asking for the deci­
sion in the Gaines case, calling it the most significant 
victory Negroes have won in recent years (Abs. pp. 
105-106). January 25, 1939, she wrote Houston, her 
chief counsel, telling him she had informed Wilkins 
of her plan to apply for admittance to the University 
of Missouri, and he had suggested she go ahead and 
apply and write Houston for advice. She said she knew 
she was eligible but queried whether respondent knew 
she was a Negro, altho he was bound to know Lincoln 
High School in Kansas was a Negro high school and it 
appeared on her transcript she had entered Kansas Uni­
versity from there. She asked whether she should ad­
vise the authorities at the University of Missouri she 
was a Negro before going. She was not sure Mr. 
Franklin (the editor) would grant her a leave; and if 
he did not and she could not attend a whole semester 
if admitted, she wanted Houston’s advice whether to 
enroll anyway and attend classes for a few days; or 
should she wait until fall when she might be able to 
get a leave (Abs. pp. 106-108). Houston replied Jan­
uary 27, 1939 that he hoped she would register; that 
hers would be the first test case involving a woman, 
which would have more publicity value than a man’s 
case; that it would keep the Missouri legislature from 
going half-cocked on the law school; that he hoped she 
could get to Columbia a day in advance so as to get a 
room tentatively, because he would not like to have her 
worried both about a room and school at the same time; 
and if trouble started he would be there as fast as trans­
portation could bring him (Abs. pp. 109-110).

She notified Houston January 30, 1939, respondent 
had refused her admission. Thurgood Marshall (As­
sistant Special Counsel, National Association for the



18

Advancement of Colored People) February 1, 1939 
wired appellant to telegraph the President of the Board 
of Curators about respondent registrar’s refusal and to 
request the Board of Curators to order her admission. 
The same day he wired her for a copy of her letter to 
Houston (Abs. p. 111). Houston also wired her that 
day “ Congratulations and thanks. You have done 
education Negroes real service.”  Appellant wrote Hou­
ston the details of her experience when she went to 
register (Abs. p. 112). February 4, 1939 appellant 
quoted Marshall her telegram to the President of the 
Board of Curators, his secretary’s reply and respond­
ent’s statement read to her when he refused her the 
permit to register (Abs. pp. 113-115).

May 4, 1939, Houston wrote appellant that consider­
ing she had also applied for admission to the University 
of Missouri he hoped she could get to Jefferson City for 
the reargument of the Gaines case in the Missouri Su­
preme Court (Abs. p. 115). May 13,1939, she replied she 
would be there (Abs. p. 116).

Appellant was pretty sure she would able to get a 
leave from Mr. Franklin. She was not merely putting 
up a sham (Abs. p. 119). In seeking admission to the 
University of Missouri she was not acting for the 
National Association and is not acting for it now (Abs. 
p. 122). The Kansas City Call opposed the Taylor 
Bills. She did not write the editorials but approves 
them (Abs. p. 127) for examples: “ Two Schools, Double 
Costs,”  February 10,1939 (Abs. pp. 128-130); “ Neither 
Fair Nor Decent,”  February 17, 1939 (Abs. p. 130); 
“ No Evasion! No Delay,”  March 10, 1939 (Abs. pp. 
131-134); “ He Who Is Not With Us,”  March 17, 1939 
(Abs. pp. 134-138); “ Only One Thing To Do,”  March 
24, 1939 (Abs. pp. 138-139). She did write a special 
article in the issue of March 24, 1939, entitled “ John 
D. Taylor, Missouri’s Bilbo”  (Abs. pp. 139-144). She



19

approved the editorial in the March 31, 1939, issue: 
“ Good Americans Obey Law”  (Abs. pp. 145-146); in 
the April 21, 1939, issue: “ We Also Are to Blame”  
(Abs. pp. 147-148); in the April 28, 1939, issue: “ Tend 
to Your Own Business”  (Abs. pp. 149-151), and in the 
same issue: “ Europe, a Warning to Missouri Against 
Being Led by Race Hate”  (Abs. pp. 151-154).

In passing the Taylor Bill Missouri was trying to 
evade the Gaines case. Race separation if it is equal 
is all right. If the Journalism School at Lincoln Uni­
versity were on an absolute equality with the one at 
the University of Missouri regarding plant, faculty, 
library and facilities such as are open for the white 
students at the University of Missouri, she would go to 
Lincoln University; but there is no journalism school 
at Lincoln. The Taylor Bill had no teeth in it. It only 
changed two or three words from the law as it stood 
before the Gaines decision and that did not assure her 
that any journalism school put up at Lincoln University 
would be equal to the school at the University of Mis­
souri (Abs. p. 155). The Call did not oppose the whole 
idea of the Taylor Bill. It never said Gaines should be 
admitted to the University of Missouri unless there was 
not an equal school for him to go to. The Call was not 
trying to create race hatred (Abs. p. 156). The Call 
opposed the appropriation bill for $200,000.00 as inade­
quate. She came to the Capitol with a Kansas City 
group to oppose the item. There is no way the Lincoln 
Board could take $200,000.00 and provide a law school, 
medical school, journalism school, and all the other 
schools (Abs. p. 157). She does not know what de­
mands have been made on Lincoln University by Negro 
students (Abs. p. 158).

In the February 3, 1939, “ Kansas City Call”  she 
wrote the article: “ Nothing Will Happen When Negro 
Student Is Admitted to M. U. ”  (Abs. pp. 159-161). ^



20

Incidentally if her application to the University of 
Missouri can help erase some discrimination against 
colored people, she has no objection, but her primary 
interest is to get graduate work in journalism. That 
was her purpose in applying for admission; no other 
intention. She thought she would be admitted after the 
Gaines case had been decided (Abs. p. 162). The Na­
tional Association furnished counsel for plaintiff in 
cases in Maryland and Missouri (Abs. p. 165). The 
N. A. A. C. P. did not have anything to do with picket­
ing the Lincoln University Law School in St. Louis. 
The Call ran the story of the picketing as a straight 
news story without comment (Abs. p. 166).

She has a damage suit pending against respondent 
Canada in the United States District Court, Central 
Division, Western District of Missouri filed about No­
vember 4, 1939, for his refusal to register her (Abs. 
pp. 167-178).

The N. A. A. C. P. is providing her counsel; she is 
providing about half of the cost of this case. No bill 
has been presented. Her six lawyers are members of 
the N. A. A. C. P. Houston is her chief counsel in the 
damage suit. She asked the Kansas City lawyers to 
assist in the case. There has been no discussion about 
a division of the damages in the damage suit, in case 
she recovers (Abs. p. 179). That is a matter for future 
disposition. Any share she would give the N. A. A. C. P. 
would be her decision after seeing what the damages 
might be (Abs. p. 180).

Publicity would be a by-product of the whole thing. 
If she had been accepted there would have been pub­
licity for a week or two and then it would have died 
down, and there would have been no publicity either 
for her or the Call (Abs. p. 182).



21

Her article on Taylor was based on a visit to Kevtes- 
ville, his home, and the discovery he had been Chairman 
of the School Board there for a number of years and 
that the whites had modern school facilities but Taylor 
had refused the same to the Negroes. She had read 
public statements by Taylor on the floor of the legis­
lature that he was an “ unreconstructed rebel’ ’ and that 
“ Missouri’s long standing tradition was not to be 
broken down.”  She understood Taylor was not try­
ing to help Negroes but to defeat them and teach them 
a lesson (Abs. pp. 182-183).

The Lincoln University student paper would be 
child’s play to her after working on a paper with five 
editions a week and many times its size (Abs. p. 183).

Before she filed suit she made a last effort to be 
admitted by going again to the University of Missouri 
and trying to be admitted late (Abs. p. 184).

By being refused a permit to register she has lost a 
year’s time in study and probably some earnings. She 
has not been able to put in improvements on The Call, 
and has suffered embarrassment and humiliation by 
being refused, after her credits had been accepted (Abs. 
p. 185). By this time she could have had her master’s 
degree if she had been admitted January, 1939, if she 
had continued in school two semesters.

Her rejection had more publicity value than her 
acceptance would have had. She did not go down to 
the University with the idea of publicity. She wanted 
to go to school (Abs. p. 186).

Re-Direct:



2 2

Dowell H. Davis, Jr.

Davis testified lie lived in Kansas City, was Advertis­
ing Manager of the “ Kansas City Call;”  had a Bache­
lor’s degree from the University of Kansas and had 
been with the Call 2% years. News policy has great 
influence on the paper’s ability to attract advertising. 
Primarily advertising is built upon circulation and the 
ability of the readers to buy. The paper has to be able 
to attract intelligent readers who are able to buy and 
the news must he reported and handled in such a way 
as to create confidence in the readers of the paper’s 
ability to serve them. That confidence is passed on in 
the sale of advertising. Negro newspapers are defi­
nitely in competition in advertising with white news­
papers. Prior to 1929 this was not as true as now be­
cause then advertising in Negro newspapers was largely 
good will advertising; but the depression brought 
smaller profits to merchants, smaller advertising- 
budgets, so they began demanding their ads in Negro 
newspapers bring the same returns as in white dailies.

The advertising and news departments work hand 
in hand. Appellant Bluford has the ultimate responsi­
bility for the make-up of the paper after witness’ ad­
vertising layout is submitted. The growth of the paper 
is largely in the hands of the managing editor. (Abs. 
pp. 188-189).

C ross-Examination:

As managing editor appellant is really in charge of 
the paper (Abs. p. 190).

Direct:



23

Alberta Hall

Alberta Hall testified she is Secretary of the Board 
of Curators of Lincoln University, and produced the 
minutes of the Board (Abs. p. 190).

The Board minutes June 26,1939 (pp. 52-53) showed 
one curator reporting graduate students had made ap­
plication for other courses as well as law, and he could 
not endorse the establishment of a law school in prefer­
ence to a School of Journalism, etc. (Abs. p. 191).

The minutes of the Executive Committee of the 
Board September 28, 1939 (p. 70) recite receipt on 
September 9,1939 of a letter from appellant requesting 
admission to graduate courses in journalism; that on 
September 14, 1939 appellant and two attorneys ap­
peared in person seeking information relative to ad­
mitting her to the graduate department in journalism, 
that she was informed by the President the institution 
was not then equipped to offer courses in journalism 
(p. 73), that her admission to graduate courses in 
journalism be deferred until adequate time might be 
given to a thorough study of the organization and 
courses of a department of journalism by the President 
and faculty of the University, and that appellant be so 
notified (Abs. pp. 195-197).

The Board minutes December 16, 1939 (p. 85) show 
a report from the President that progress to date in the 
study of the feasibility of the organization and estab­
lishment of a department of journalism at Lincoln Uni­
versity shows it involves a considerable task in recruit­
ment of a qualified staff of instructors and adequate 
financing (Abs. pp. 197-204).

The minutes of the meeting of the special committee 
on graduate and professional courses December 29, 
1939, show the committee discussed the feasibility of

Direct:



24

establishing a department of journalism by February 
1,1940, and it was decided to invite in Dean Martin of 
the School of Journalism, University of Missouri, as a 
consultant (Abs. 205-206).

The Board minutes January 16,1940 show that after 
a report by the special committee above and by the 
President it was voted “ after a rather thorough and 
exhaustive study of the possibility of establishing a 
post-graduate course in journalism at Lincoln Uni­
versity by February 1, 1940 that the Board cannot get 
instructors, space or funds by that time, that work be 
started to establish a School of Journalism at Lincoln 
University by February 1, 1941.”  (Abs. pp. 206-213).

Leslie Cowan
Direct:

Leslie Cowan testified he is Secretary of the Board 
of Curators of the University of Missouri and pro­
duced the minutes of that Board (Abs. p. 214).

The Board minutes February 8,1936 (pp. 1595-1596) 
show the President of the University reporting that 
four Negroes had applied for admission to the School 
of Law, College of Engineering, School of Medicine and 
School of Journalism; that they possessed the scholar­
ship requirements for admission (Abs. p. 215).

The Board minutes March 27, 1936 (pp. 1623a-1625) 
s Iio a v  the resolution refusing Lloyd Gaines admission 
to the School of Law on the ground of race (Abs. pp. 
216-217).

The witness further testified he was familiar with 
the minutes and there was no further Board action re­
garding the admission of Negroes to the University 
other than directing the hiring of lawyers to defend this 
suit brought by appellant (Abs. p. 217); that there is 
nothing on record where respondent Canada or Presi­



25

dent Middlebush following the decision of the United 
States Supreme Court or the second decision of the 
Missouri Supreme Court in the Gaines case has applied 
to the Board for further instructions (Abs. p. 218).

Cross-Examination:

The University has a code of by-laws which provide 
that the conduct, authority, and policy followed by all 
employees shall be subject to and in conformity with 
the authority of the Boai’d as determined by the Con­
stitution of Missouri, the Statutes of the State, and the 
By-Laws and orders of the Board made in pursuance 
thereof (Abs. pp. 219-229).

Respondent registrar does not exercise any power 
over making the policy of the University or rules affect­
ing eligibility of students for admission. He is a sub­
ordinate, ministerial clerk. His duties consist of re­
cording grades, and recording general correspondence 
of the Secretary and Faculty (Abs. p. 229-230).

Re-Direct:

The Faculty of the University has never adopted 
any regulation concerning the admission of Negro stu­
dents. Respondent registrar handles all routine mat­
ters connected with the registration of students, and is 
the official through whom a student must pass to be 
admitted to the University. A permit to enroll is a 
condition to admission to the University. There is 
nothing in the minutes of the Executive Board or the 
Board of Curators relating to the policy of admission 
of Negro students (Abs. pp. 230-231).

Appellant introduced into the record correspondence 
from the files of the University of Missouri showing 
N. A. Sweets, a Negro, had applied for admission to 
the School of Journalism in 1935 (Abs. pp. 232-237).



2 6

Appellant also introduced tlie University of Missouri 
catalogue with the announcements from the School of 
Journalism showing its teaching plan, equipment, aims, 
admission requirements: which direct all persons de­
siring admission to communicate with the Registrar of 
the University “ who has charge of all matters relating 
to admission to any Division of the University,”  and 
further provide that graduate students in journalism 
enroll in the Graduate School but take their principal 
work in the School of Journalism (Abs. pp. 238-244).

It was stipulated that the Department of Journalism, 
Kansas University was a member of the Association of 
Schools and Departments of Journalism when appel­
lant was in school. (Abs. p. 245); and that every person 
on the faculty of the University of Missouri School of 
Journalism has a degree in journalism from the Uni­
versity of Missouri except Dean Martin who came to 
the school in 1909 before it had existed long enough to 
grant any degrees (Abs. pp. 245-246).

Appellant introduced into the record a geographical 
distribution of University of Missouri students showing 
5,576 students from 46 states and 13 foreign countries 
(Abs. pp. 247-249).

RESPONDENT’S EVIDENCE

I. C. Tull
Direct:

I. C. Tull testified he is Business Manager of Lin­
coln University and produced the ledger sheets showing 
state appropriations by the 1939 General Assembly 
(Abs. pp. 250-255).

The witness testified that the actual present balance 
in the $200,000.00 fund appropriated for new depart­
ments and expansion for the years 1939 and 1940 stood



27

(February 9, 1940) at $120,850.14 (Abs. p. 255). Out 
of the $200,000.00 fund, $17,000.00 was allocated to 
printing, July, 1939 (Abs. p. 258). Unexpended balance 
of $1,774.00 is a budget allocation as of July, 1939 (Abs. 
p .259).

The legislature has never given Lincoln University 
half of what it asked for (Abs. p. 262). Lincoln Uni­
versity has about 650 students in Jefferson City; about 
110 students at Dalton; and 15 students at the Law 
School in St. Louis (Abs. p. 263). There are 9 members 
of the Lincoln Board of Curators. By law 4 must be 
Negroes (Abs. p. 264). President Scruggs is a Negro 
(Abs. p. 265).

Cross-Examination:

Lincoln University does not have a single class room 
free. All the money appropriated has been allocated 
(Abs. p. 266). Lincoln University could not within 
existing appropriations start a School of Journalism 
and still maintain its departments already existing. It 
has no space for journalism (Abs. p. 268).

Re-Direct:

When he said all funds allocated he had not taken 
into account many thousands of dollars in the Lincoln 
University Fund.

Re-Cross :

The Lincoln University Fund is primarily money 
from student fees which is turned over to the State 
Treasurer and cannot be withdrawn until appropriated 
by the legislature. That money is used primarily for 
student labor (Abs. p. 270). No money has been allo­
cated for a School of Journalism (Abs. p. 271).



28

S. W. Canada

Respondent introduced as a witness in his own behalf 
testified he has been Registrar of the University of 
Missouri about 17 years (Abs. p. 271). The Faculty 
sets the academic standards for admission. The Board 
of Curators determines eligibility on terms of race, 
residence and age. He has no power to modify the 
rulings of the Board. When appellant wrote him he 
did not know she was a Negro (Abs. p. 272). He did 
not notice on her transcript she had graduated from 
Lincoln High School. He did not know she was a 
Negro until she appeared for registration.

Cross-Examination:

The records show appellant was accepted as a gradu­
ate student (Abs. p. 273) and then was denied admission 
solely because she was a Negro (Abs. p. 274). Every­
thing appellant did in sending her request for informa­
tion, sending her application blank, forwarding her 
transcript and having it evaluated came within the 
jurisdiction of his office. If she had been white or any­
body else she would have been admitted (Abs. p. 275). 
Negroes are the only students to whom he denies ad­
mission. He admits foreigners, Caucasions and non- 
Caucasians. Foreigners are not asked whether they 
pay taxes or intend to remain in Missouri after gradu­
ation. His office merely inquires into their academic 
qualifications and moral character and makes no inquiry 
as to other facts so long as they are not Negroes (Abs. 
p. 276). He has not received any instructions from the 
Board of Curators regarding the admission of Negroes 
since the resolution of March 26, 1936.

He got his information that Lincoln University would 
establish a course in journalism from the President.

Direct:



29

He does not know why he did not answer appellant’s 
letter of September 8, 1939 asking about this informa­
tion (Abs. p. 277). If he had known a School of Jour­
nalism was in existence, perhaps he would have told 
her so (Abs. p. 280).

Respondent called the attention of the Court to the 
appropriation acts showing total appropriations to 
Lincoln University since 1921 of $5,034,653.49, to which 
appellant objected as being irrelevant (Abs. p. 281).

Frank L. Martin
Direct:

Frank L. Martin testified he is Dean of the School 
of Journalism, University of Missouri, and had been 
associated with the University as teacher, Associate 
Dean and Dean since 1908. His previous newspaper 
experience was 6 years on the Kansas City Star, and 
during his connection with the School of Journalism 
one year with the Japan Advertiser (Abs. p. 282). At 
respondent’s request he had prepared an “ Outline for 
Journalism Instruction at Lincoln University”  (Abs. 
pp. 283-294) providing among other things for 1 pro­
fessor, 2 assistant professors and 1 instructor, with 
recommendation that all teachers of professional rank 
giving technical instruction have a minimum of five 
years practical newspaper or other journalistic ex­
perience (Abs. at 285). The outline is substantially 
identical with the outline of the Department of Journal­
ism at the University of Missouri (Abs. p. 291). He 
estimated the budget, without any knowledge of the 
salary scale at Lincoln University, at $15,795.00 includ­
ing salaries as follows: 1 professor $2,800.00, 1 associ­
ate professor $2,600.00,1 assistant professor $2,400.00, 
1 instructor $2,000.00 (Abs. p. 293). Total estimated 
cost for the first biennium $35,000.00.



30

The witness also produced an outline for graduate 
instruction in journalism at Lincoln University, pre­
pared at the request of respondent, which provided for 
1 professor at $2,800.00 and 1 assistant professor (if 
demand and number of students require) at $2,400.00; 
library $2,930.00, and office and laboratory equipment 
$614.00. Total cost for one year for graduate instruc­
tion $8,744.00. The outline is substantially identical 
with the graduate instruction available in the Univer­
sity of Missouri (Abs. pp. 294-300).

At the request of the Lincoln University Board of 
Curators he sent 7 telegrams to the following universi­
ties: Wisconsin, Minnesota, Illinois, Northwestern, 
Iowa, Michigan and Nebraska to inquire whether any 
Negro graduate was available to direct graduate study 
in journalism at Lincoln University (Abs. pp. 301-303). 
Illinois replied none. Minnesota recommended Thelma 
Thurston, Nebraska recommended Lewis Swingler. 
Michigan recommended Constant Charles De Joie and 
Arthur Randall, Jr., T. James Fleming and Bernard 
Young. Master’s degrees are few and far between 
among Negro newspaper men (Abs. pp. 304-308).

The witness submitted this information to President 
Scruggs of Lincoln University together with an “ Out­
line for Journalism Instruction at Lincoln University, 
Jefferson City”  which provided for 1 professor (or 
associate professor) at $2,400.00; 2 assistant professors 
at $2,100.00 each; and total cost based on an enrollment 
of 12 students at $10,575.00 for the first year. He 
recommended a minimum appropriation of $15,000.00 
for the first year and suggested $20,000.00 be set aside 
to meet emergency needs, more complete equipment and 
expansion if necessary (Abs. pp. 309-318). Assuming 
the whole $200,000.00 appropriation in 1939 was avail­
able it would have been possible to have given journal­
ism, both under-graduate and graduate, at Lincoln



31

University by September, 1939 (Abs. pp. 321-322). A 
person with appellant’s training and experience could 
not gain much in the way of technical instruction in 
journalism (Abs. p. 323). He would not advise her to 
leave her job and come back to school for technical 
training, but if she desired subjects of general cultural 
value he would (Abs. p. 324). She probably would not 
be given opportunity to work on the “ Columbia Mis­
sourian”  (Abs. p. 325).

C ross-Examination:

Witness raised his salary estimates on being in­
formed there had been an increase in the salary scale 
at Lincoln University. He has not the slightest idea of 
the salaries Negroes are getting on the best Negro 
newspapers (Abs. p. 327). He gets $6,500.00 a year at 
the University of Missouri; Professor Ellard gets 
$4,500.00. He cannot tell whether he has an associate 
professor making as little as $2,600.00 a year (Abs. p. 
328). The proposed salaries at Lincoln University are 
lower than the salaries at the University of Missouri. 
He paid no attention to the University of Missouri 
salaries (Abs. p. 329). He estimated Lincoln Univer­
sity could buy just as competent instruction as the Uni­
versity of Missouri at a lower salary level based on the 
Lincoln University salary scale; but he does not know 
the individual teachers at Lincoln University (Abs t> 
330). '

Nobody has been able to interpret what journalism 
means, but anything that can be interpreted as “ Jour­
nalism comes under his field. He has never made an 
individual study of Negro newspapers, but has read 
studies made by others (Abs. p. 331). He does not 
know any Negro newspaper people (Abs. p. 332). When 
he said appellant could not gain anything in technical



32

journalism by coming back to school for graduate work 
his statement was based on general experience and the 
assumption she was working on a good newspaper (Abs. 
p. 333).

He does not know how much the Lincoln University 
salary scale has been raised, he merely adopted an 
arbitrary scale of his own based on what the School of 
Journalism, University of Missouri, could get beginning 
teachers for. He thinks the University of Missouri 
School of Journalism has got associate professors for 
$2,800.00 or $2,600.00, but is not sure (Abs. p. 334).

He thinks on a $2,600.00 and $2,800.00 salary scale, 
Lincoln University could get just as good a faculty as 
the University of Missouri (Abs. p. 343). He made no 
allowance in his proposed Lincoln University faculty 
of journalism salaries for previous academic teaching. 
He considered the possibility of building a Lincoln 
University faculty by taking teachers from other 
schools, but made no mention or recommendation it be 
done. It was not contemplated it would be possible to 
get teachers from a school, member of the American 
Association of Schools and Departments of Journalism, 
on such salaries (Abs. p. 344).

He considers the University of Missouri journalism 
faculty a seasoned faculty; the members must be after 
so many years of experience. (Abs. p. 345).

He does not know the teachers salaries in other 
schools of journalism, members of the American Asso­
ciation of Schools and Departments of Journalism. He 
did not take into consideration the salary scales at the 
schools where he inquired as to prospective teacher 
candidates. He based the scale on his own experience 
in employing teachers. It is difficult for him to tell 
definitely on what his opinion is based, but it represents 
his own opinion of the salary scale (Abs. p. 346).



33

The purpose of sabbatical leave for journalism 
faculty members at the University of Missouri is to 
permit them to get back into the active profession, to 
keep up with the current trends and developments in 
the profession. Gerald on sabbatical leave served on 
the St. Louis Star Times (Abs. p. 347).

In 1926 witness introduced a graduate course in News 
Desk Methods designed to show the operation of a city 
editor’s desk. It was designed for graduates without 
professional experience, but if a graduate with pro­
fessional experience is not familiar with the operation 
of the city desk, he should take the course (Abs. pp. 
348-349). Any graduate student may sit in and observe 
the course with the consent of the major adviser. The 
facilities of the school are available to all students who 
are there (Abs. p. 351). He thinks Lincoln University 
could advance its salary scale and buy additional equip­
ment and not exceed $35,000.00.

He does not know the number of volumes in the 
library of the University of Missouri School of Journal­
ism; thinks it is around 4,000 but it may be 5,000. (Abs. 
p. 352). The library is an indispensable part of the 
school work. He cannot give the number of periodicals 
and newspapers in the journalism library; he buys with­
out regard to number (Abs. p. 353). He cannot break 
down his estimates for the journalism library at Lin­
coln University. He estimated the cost by the number 
of volumes that might be required but cannot tell how 
many volumes he provided (Abs. p. 355). He cannot 
tell how many newspapers and periodicals he provided 
for.

The School of Journalism admits foreign students. 
Appellant would have been admitted if she had been 
white (Abs. p. 356). If told the minimum professorial 
salary at Lincoln University is $3,600.00, he still would 
not revise his salary estimates unless Lincoln Univer­



34

sity told him it could not get competent teachers for the 
salaries specified in his outline. His answer that Lin­
coln University could have established a School of 
Journalism by September 1, 1939, was his opinion of 
what he could do in establishing a School of Journalism 
at Lincoln University.

When he heard Lincoln University had raised the 
salaries of professors he did not inquire by how much, 
or what Lincoln was paying the professors in the other 
departments (Abs. p. 357). The outline he submitted 
sums up everything he stands for as Dean of the School 
of Journalism, University of Missouri. He cannot 
answer the question whether he would have submitted 
a memorandum on such sketchy and incomplete data if 
Lincoln University had been a white school (Abs. p. 
358).

Re-Direct:

The lowest salary in his outline, $2,000.00 per year is 
more than appellant’s salary of $35.00 a week as man­
aging editor of the Call. (Abs. p. 358). "White manag­
ing editors of a paper of 20,000 circulation: any number 
are getting from $75.00 to $80.00 a week (Abs. p. 359).

Re-Cross:

Witness would not like to pass any opinion on what 
appellant’s salary might be if she were able to obtain 
the graduate training she feels is necessary to increase 
her efficiency (Abs. p. 361).



35

I. C. Tull—recalled
Re-Direct:

The witness produced ledger sheets showing unap­
propriated balances at Lincoln University from the 
1939 appropriations (Abs. pp. 362-364).

Witness has been a member of the N. A. A. C. P. about 
10 years. President Scruggs is a member. (Abs. p. 
364).

Re-Cross:

The N. A. A. C. P. is composed of Negroes and whites 
(Abs. p. 365). The only free balance, unallocated, does 
not exceed $4,000.00. The salary scale at Lincoln Uni­
versity for professors ranges from $3,600.00 minimum 
to $5,000.00 maximum; associate professors from 
$3,000.00 minimum to $4,500.00 maximum; assistant 
professors from $2,400.00 minimum to $3,000.00 maxi­
mum. Lincoln University does not have half the money 
free called for in Dean Martin’s $35,000.00 estimate for 
the biennium for a Department of Journalism (Abs. 
pp. 366-367).

Re-Direct:

All budgets are tentative and reallocations are possi­
ble (Abs. p. 369).

S. W. Canada—recalled
Re-Cross:

When a qualified white student applies for admission 
to a Department or School of the University of Mis­
souri, respondent does not inquire into the student’s 
motive as to why he or she wants to attend the Univer­
sity (Abs. p. 372).



36

APPELLANT’S REBUTTAL

Lucile Bluford—recalled
Direct:

Of the persons recommended to Dean Martin as pos­
sible teachers of journalism at Lincoln University, 
Thelma Thurston is an A.B., Minnesota, 1934, and has 
worked on the “ Kansas City Call”  since that time. She 
is a news rejmrter in the Call’s Kansas City, Kansas 
office. She has nothing to do with the general news of 
the paper. Her experience is less than appellant’s.

Lewis Swingler is a graduate of the University of 
Nebraska. He is editor of the ‘ ‘ Memphis World ’ ’ which 
is a part of the chain of the “ Atlanta Daily World.”  He 
publishes two editions a week, between 8 and 12 pages; 
circulation 8,500.

Constant Charles de Joie is with the “ Louisiana 
Weekly”  published in New Orleans by his father and 
family, with 8 or 12 pages; circulation 14,064.

Witness does not know Arthur Randall.
Witness knows James Fleming by reputation and 

contact. He has been a feature writer on the “ Journal 
and Guide,”  “ Amsterdam News,”  and perhaps the 
“ Afro-American.”  At this time he is on the “ Phila­
delphia Tribune.”  He has had no executive work so 
far as witness knows, but his experience is limited to 
writing.

William Gibson is managing editor of the “ Afro- 
American,”  one of the largest Negro papers. He has 
had more experience than the witness—having been 
with the Afro 13 or 14 years. The Afro has a circulation 
of 53,098.

Bernard Young is publisher of the “ Norfolk Journal 
& Guide”  and a graduate in journalism from Ohio State 
University. He has had considerable experience and 
it has been similar to witness ’. He is managing editor.



37

The circulation of the “ Journal & Guide”  is 30,000 
(Abs. pp. 373-375).

The top salaries on the larger Negro newspapers 
range from $50.00 to $75.00 a week. Several members 
on the staff of the Defender make $75.00 a week. Gibson 
makes about $50.00 or $55.00 a week. The ‘ ‘ Amsterdam 
News”  is the only Negro newspaper where the staff 
members are in the Newspaper Guild.

Since she has been with the “ Kansas City Call”  the 
top salary has been $45.00 a week made several years 
ago by the then managing editor; but when she was a 
student at Kansas University the advertising manager 
was making $75.00 a week.

She is not acting as a straw for the National Associ­
ation for the Advancement of Colored People (Abs. p. 
376). She wrote Houston because people in the office 
said the University authorities did not know she was 
a Negro and she was in a state of bewilderment whether 
they knew and whether she should tell them. She thought 
she did not need to but decided to take Wilkins’ advice 
and v/rite Houston (Abs. p. 378). Negroes constantly 
face the dilemna day by day whether to mention their 
race (Abs. p. 379).

She sought counsel from the N. A. A. C. P. because 
knowing the tremendous cost of the Gaines case and 
other cases, she knew if she tried to meet all the ex­
penses herself she would not have any money to go to 
school on when she did get in (Abs. p. 380). (It was 
stipulated $1,500.00 would be a very moderate attorney 
fee to carry a case like the present through the Missouri 
Supreme Court and the United States Supreme Court

Abs. p. 381). She also appealed to the N. A. A. C. P. 
because she is a member and that organization exists to 
fight for the rights of Negroes. She has paid all her 
personal traveling and living expense incident to the 
case out of her own pocket (Abs. p. 381).



38

Mrs. Dorothy Davis
Direct:

Dorothy Davis testified she worked in the news de­
partment of the “ Kansas City Call,”  was a Phi Beta 
Kappa and A.B., University of Kansas. Appellant had 
been discussing going to the University of Missouri 
School of Journalism a long time, ever since witness 
began to work with her on the Call. Every time witness 
and she would discuss the decision in the Gaines case 
she would indicate she wanted to go to the University 
of Missouri (Abs. p. 384). Witness and she discussed 
the question whether she should tell the authorities at 
the University of Missouri she was a Negro. Witness 
suggested she do so because Avitness figured she (ap­
pellant) would come to Columbia and be embarrassed. 
Witness did not have a good opinion of Columbia be­
cause an uncle of hers had had a very unpleasant ex­
perience on the highway a number of years ago (Abs. 
pp. 385-386).

Mrs. Ada Franklin
Direct:

Ada Franklin testified she is the wife of the editor of 
the “ Kansas City Call,”  is an A.B. of Clark Univer­
sity and a graduate of Emerson School of Oratory in 
Boston, with post-graduate work at the Hawn School of 
Speech and Art, Carnegie Hall, New York; taught at 
State College, Nashville, and had four years experi­
ence as first Negro to be Dramatic Specialist for 
Negroes, National Playground and Recreation Asso­
ciation of America.

She knows appellant, and appellant discussed with 
her the matter of her going to the University of Mis­
souri. Mr. Franklin was away. She told her she was



39

sure he would arrange for her to go if he were there, 
but she could not speak for him in his absence; that 
he would be back in a few days. When he returned she 
told him of her conversation with appellant and he 
said if appellant could get further education by attend­
ing the University of Missouri he would excuse her 
to go.

She and Mr. Franklin live in their own building on 
one floor; the Call is on the other floors (Abs. pp. 386- 
387). She is around the business office of the Call all 
through the day more or less. She is a stockholder in 
the Call (Abs. p. 388).

OPINION OF THE COURT

The opinion of the Court was rendered May 31,1940 
and appears in the Abstract, pp. 389-399.

ARGUMENT

The judgment of the trial court, in refusing to issue 
the peremptory writ of mandamus against respondent 
to compel him to issue appellant forthwith a permit 
to register in the Graduate School of the University 
of Missouri for graduate work in journalism, and to 
register her and admit her to said School at the next 
regular registration period upon her paying the law­
ful uniform fees and meeting the lawful uniform re­
quirements, denied her

(1) The equal protection of the laws guaranteed her 
by Section 1 of the Fourteenth Amendment to the Con­
stitution of the United States; and

(2) Was an abuse of judicial discretion.



40

I

The refusal to issue the peremptory writ denied 
appellant the equal protection of the laws.

The opinion of the trial court (Abs. pp. 389-399) 
cites no authority for refusing appellant a peremptory 
writ, and is truly remarkable for completely ignoring 
the second decision of the Missouri Supreme Court in 
State ex rel. Gaines v. Canada, 344 Mo. 1238 (1939). 
So far as the trial court was concerned, the second 
decision in the Gaines case did not exist and the Court 
tries to open anew all the questions disposed of in that 
decision.

The trial court assumes that Laws of 1939, pp. 685-6, 
amending R. S. Mo. 1929, Sections 9618 and 9622, ipso 
facto accord appellant the equal protection of the law 
(Abs. p. 394). This point was expressly ruled on in the 
second Gaines case and decided contra (supra, at p. 
1244).

Appellant admits the power of the state to educate 
the races separately, but such separation must be based 
on the actual present existence of substantially equiva­
lent educational facilities for each race within the 
borders.

State ex rel. Gaines v. Canada, 305 U. S. 337 (1938);
Gong Lum v. Rice, 275 U. S. 78 (1927);
University v. Murray, 169 Md. 478 (1936).

The trial court would have us interpret this doctrine 
according to the rule of reason (Abs. pp. 395-396), and 
asks that the Negro give the State a reasonable time to 
establish for him the facilities denied him at the State 
University from which he is excluded solely on account 
of color. Without conceding that the rule of reason 
has application here, or that the State must be accorded



41

reasonable time to establish the segregated facilities, 
the factual answer may be made that in this case the 
State has bad more than a reasonable time to establish 
graduate courses in journalism at Lincoln University 
substantially equal to those available at the University 
of Missouri. The record shows that the question of 
establishing a School of Journalism has been before 
the Lincoln University administration and its board 
of curators since June 1939 (Abs. p. 191). The Lincoln 
administration and board made an exhaustive study 
of the possibilities; even called in the Dean of the 
School of Journalism of the University of Missouri as 
a consultant and used his good offices to contact pos­
sible teachers (Abs. pp. 206-213; 285-308), and was 
forced because of lack of funds, space and personnel to 
postpone the opening to February 1, 1941 (Abs. pp. 
206-213). In fact no journalism has been inaugurated 
to the date of this brief, April 11, 1941.

In the meantime two classes have graduated in the 
University of Missouri since appellant first applied for 
admission January 30, 1939 (Abs. p. 186). Graduate 
courses in journalism at Lincoln University remain for 
her “ a mere declaration of purpose, still unfulfilled,”  
which was expressly held in the Gaines case to be a de­
nial of the equal protection of the laws. 344 Mo. at p. 
1244.

The Missouri Supreme Court had the Laws of 1939, 
pp. 685-6, before it on the second hearing in the Gaines 
case and expressly decided that a mere legislative fiat 
was not enough, nor was appropriation of money for 
expansion (Laws of 1939, p. 78); but ordered a per­
emptory writ of mandamus to issue unless “ the facili­
ties at Lincoln University, to be available at the com­
mencement of the next school term are in fact substan­
tially equivalent to those afforded at Missouri Univer­
sity.”  Idem, at p. 1244.



42

The decision in the Gaines case is controlling on the 
constitutional issue of equal protection of the laws in 
this case, and the proper procedure to be followed is 
there laid down: that this case be reversed and a per­
emptory writ of mandamus ordered unless the graduate 
courses in journalism at Lincoln University to be avail­
able at the commencement of the next school term are 
in fact substantially equivalent to those afforded at 
Missouri University.

II

The refusal of the trial court to issue the peremptory 
writ was an abuse of judicial discretion.

This point again has been expressly ruled on in the 
second decision in the Gaines case. Idem, at p. 1244. 
The decision was called to the attention of the trial 
court both on oral argument and written brief, but the 
Court ignored the same and attempted to dispose of 
the case on the principle of volume of demand. The 
United States Supreme Court disposed of this argu­
ment in the Gaines case:

“ Here, petitioner’s right was a personal one. 
It was as an individual that he was entitled to the 
equal protection of the laws, and the State was 
bound to furnish him within its borders facilities 
for legal education substantially equal to those 
which the State there afforded for persons of the 
white race, whether or not other Negroes sought 
the same opportunity.”  305 U. S. 337, at p. 351 
1938).

The admission of a qualified citizen to a state univer­
sity is not a mere privilege, but a right of substance



43

upon which all his future earnings and property may 
depend.

Gleason v. Univ. of Minnesota, 104 Minn. 359 
(1908).

The State cannot destroy this right in appellant directly 
by legislative fiat so long as the University of Mis­
souri is the only existing public agency in Missouri 
offering graduate courses in journalism. Nor can it 
destroy the right indirectly by withholding the only 
appropriate remedy for its enforcement.

Marbury v. Madison, 1 Cranch 137, 163 (1803) ;
Poindexter v. Greenliow, 114 U. S. 270, 303 (1885);
Brinkeroff-Faris Trust Co. v. Hill, 281 U. S. 673 

(1930).

Nor can the State postpone recognition of this right 
at its pleasure.

University v. Murray, supra.

To destroy the right by refusing the remedy means in 
this case to deprive appellant of her liberty of action 
and property rights without due process of law as guar­
anteed her by Section 1 of the Fourteenth Amendment 
to the United States Constitution.

Ministerial Duty

Respondent was under a plain, legal ministerial duty 
to issue appellant her permit to register, and to register 
and admit her to the Graduate School of the University 
of Missouri for graduate work in journalism. No 
question of policy is involved in this case. The con­
trolling policy was laid down by the United States



44

Supreme Court and the Missouri Supreme Court in the 
Gaines case: that a qualified Negro citizen cannot be 
denied admission to the state university where no 
other agency within the state offers an equivalent 
course, solely because of race or color.

The resolution of the University of Missouri Board 
of Curators March 27, 1936 setting up the color bar 
in the Gaines case, being in violation of the Fourteenth 
Amendment to the Constitution of the United States, is 
not merely voidable but void.

Ex parte Siebold, 100 U. S. 371, 397 (1879).

The United States Constitution and laws of Congress 
passed pursuant thereto are just as much a part of the 
code of by-laws of the University of Missouri as are 
the Missouri statutes.

Hauenstein v. Lynham., 100 U. S. 483, 490 (1880).

A  local statute or by-law must yield when it is in con­
flict with the equal protection clause of the Fourteenth 
Amendment.

See Connolly v. Union Sewer Pipe Co., 184 U. S.
540, 558 (1902).

There is no defect of parties defendant. When a 
policy was to be established as in the Gaines case the 
Board of Curators was made a party defendant. 305 
U. S. 337, supra. This case involves not the creation of 
a policy, but its practical, mechanical application.

Respondent registrar cannot hide behind a void 
order of a superior authority as an excuse for failure 
or refusal to perform his ministerial duty.

Nixon v. Condon, 286 U. S. 73 (1932) ;
Lane v. Wilson, 307 U. S. 268 (1939).



45

Respondent under oath admits that every act which 
transpired in this case came within the jurisdiction of 
his office and that if appellant had been white or any­
thing except a Negro he would have admitted her. 
'{Abs. pp. 273-276). Appellant had been formally 
accepted as a graduate student in journalism, and the 
sole remaining acts condition to her becoming an en­
rolled student were the mechanical acts to be per­
formed by some subordinate clerk in respondent’s 
office: the issuance of the permit to register card, and 
the actual physical registration upon the payment of 
the university fees.

No Prior Demand on Lincoln University Necessary

The second decision of the Missouri Supreme Court 
in the Gaines case shows that a prior demand by appel­
lant on Lincoln University for graduate work in jour­
nalism is not a condition precedent to this action 
against the registrar of the University of Missouri, the 
only existing public institution where graduate courses 
in journalism are offered. If it were necessary in this 
case we would plant ourselves firmly on the proposition 
that the burden is not on the citizen to force the State 
to create the segregated facility, but the burden is on the 
State at its peril to establish the new segregated facility 
on notice that a demand has been made on the only exist­
ing facility theretofore established. But it is not 
necessary to press the argument that far.

In the instant case Lincoln University cannot claim 
lack of notice. The question of courses in journalism 
has been before it since June, 1939 (Abs. p. 191). It 
treated appellant’s correspondence and contacts as a 
demand for graduate courses in journalism (Abs. pp. 
90,196). If Lincoln University was not on notice, what 
was all the surveying, all the consulting with Dean



46

Martin of the School of Journalism, University of 
Missouri, about? (Abs. pp. 206-213).

The University of Missouri cannot claim surprise. 
It had had an application of a Negro for courses in 
journalism before it since 1935 (Abs. pp. 233-237). 
Both Lincoln University and the University of Mis­
souri had every chance and every possible notice prior 
to the filing of this suit to establish graduate courses 
in journalism at Lincoln University, but such courses 
have not been established to the present day.

The reason is clear. Lincoln University has neither 
the space, plant, teachers nor money to inaugurate 
graduate courses in journalism (Abs. pp. 206-212; 266- 
268; 271). If a demand on Lincoln University were 
a condition precedent to appellant’s action against 
respondent registrar of the University of Missouri 
under ordinary circumstances, that condition would be 
waived in this case on the ground of impossibility. 
The law does not require a vain and futile thing. The 
rule that a public officer or board will be presumed to 
carry out the public duty imposed on it collapses in 
the face of patent impossibility.

See the Gaines case supra, 344 Mo. at p. 1244.
The trial court would excuse the refusal of the 

respondent to issue appellant a permit to register on 
the ground that she is the first Negro to apply for 
graduate courses in journalism. Yet Gaines was the 
first Negro to apply for courses in law; and the court 
ordered a peremptory writ in his case.

The truth of the matter is that Lincoln University 
cannot, and the University of Missouri will not give 
this appellant graduate courses in journalism. It is 
immaterial to her where the courses are given, but she 
cannot, and will not be turned aside from her action 
to enjoy the only existing courses offered by the State



47

by a mere legislative declaration that some other 
agency is under a mandatory duty to establish 
courses for her.

The trial court raises the point that if appellant 
is registered in the University of Missouri under a 
peremptory writ of mandamus and later graduate 
courses are set up at Lincoln University substantially 
equivalent to those at the University of Missouri, 
appellant could be forced to transfer from the Univer­
sity of Missouri to Lincoln University. Let us concede 
the point for argument. Nevertheless appellant would 
not be losing anything. She would still be getting a 
substantially equivalent instruction in journalism, while 
now she stands on the outside empty handed. The basic 
predicate of racial segregation in education is the 
actual existence of substantially equivalent educational 
facilities for both races.

Gong hum v. Rice, supra.

Good Faith

In desperation respondent tries to divert the issue. 
He admits that he never asks a white student why he 
wants a particular course, or what he is going to do 
when he leaves school. (Abs. p. 276). Yet when a Negro 
asks for the plain personal right to get her share of 
public education, respondent raises a cry that there is 
some sinister motive back of it. Respondent does not 
meet the issue that appellant’s money is being taken in 
taxes to help support a type of education which is 
barred to her solely because of race. That is good faith 
on his part to deny her the education; bad faith on her 
part to demand it.

This argument is an old story. It was raised from 
the beginning in the Gaines case, and brushed aside both 
in the United States Supreme Court and in the Missouri



48

Supreme Court. Even the trial court in this case did 
not deem it worthy of mention.

It is bad faith for appellant to try to put herself and 
the newspaper she manages on an equal competitive 
footing with white newspaper workers and white daily 
papers with all their advantages of training, finances 
and circulation. It is bad faith for appellant to seek 
the services of an organization dedicated to the enforce­
ment of constitutional rights when it stands admitted 
by counsel for respondent that the cost of litigation to 
enforce her constitutional rights would be prohibitive 
if the expense were borne by her alone. (Abs. pp. 380- 
381).

Appellant did not seek this litigation or the publicity 
attached thereto. The record shows she did not file suit 
when rejected January 30, 1939. She waited another 
semester—gave Lincoln University its chance to in­
augurate graduate courses in journalism—and did not 
sue until after a second rejection by respondent Sep­
tember 14, 1939 (Abs. p. 85). She exhausted every pos­
sible appeal to the President of the University and to 
the Board of Curators (Abs. pp. 85-89). Even after 
that she made a last effort to avoid suit by going to 
the University a third time and asking to be admitted 
late (Abs. p. 184). The publicity in this case arises 
from respondent’s own wrongful act, and he cannot 
be heard to complain.

CONCLUSION

This case does not involve private rights and private 
institutions; but the protection of a personal right to 
equal enjoyment of a public institution. It is hoped 
that the Court looking to the preservation and perpetu­
ation of democratic principles will throw around this 
personal right its full, speedy and categorical protec­



49

tion. There would be no question what the decision 
would be if appellant were white. There must be no 
dual standard of justice because she is black.

It is respectfully submitted that this case should be 
reversed and remanded with instructions that the 
respondent issue appellant a permit to register forth­
with, and that he actually register and admit her to 
the Graduate School of the University of Missouri for 
graduate work in journalism at the next regular reg­
istration period, upon her paying the lawful uniform 
fees and meeting the lawful uniform requirements un­
less the State by that time has actually provided else­
where within the borders substantially equivalent 
courses in Lincoln University or some other institution.

Respectfully submitted,

SIDNEY R. REDMOND, 
HENRY D. ESPY,
JOHN A. DAVIS,
CHARLES H. HOUSTON, 

Attorneys for Appellant.



50

INDEX TO ABSTRACT OF RECORD

Petition for mandamus__________________________  2
Alternative w r it________________________________ 12
Return to the alternative writ____________________ 21
Reply to the Return_____________________________  33
Reply to the Reply to the Return_________________ 38
Trial, Submission and Judgment_________________ 40
Judgment and Entry___________________________  41
Motion for Rehearing___________________________  42
Motion for Rehearing Overruled_________________ 42
Affidavit and Appeal____________________________  42
Bill of Exceptions_______________________________ 42
Appearances ___________________________________  43
Relator’s Evidence ____________________________  44

Lucile Bluford, d irect______________________  44
cross __________________________________ 99
re-direct _______________________________ 182
re-cross________________________________ 186
re-direct _______________________________ 187

D. H. Davis, direct__________________________  187
cross __________________________________  190

Alberta Hall, d irect________________________  190
Leslie Cowan, direct________________________  214

cross __________________________________  218
re-direct _______________________________ 230

Respondent’s Evidence_____________________  250
I. C. Tull, direct___________________________  250

cross __________________________________  265
re-direct _______________________________ 269
re-cross ____  270

S. W. Canada, direct________________________  271
cross __________________________________  273

Appropriation A cts____________________________  281
Frank L. Martin, direct_____________________  282

cross __________________________________  326

PA G E



51

PAGE

x’e-direct _______________________________ 358
re-cross________________________________ 359

I. C. Tull recalled, re-direct---------------------------  362
re-cross________________________________ 365
re-direct --------- ------------------------------------  367

Amendments to pleadings-----------------------------------  370
S. W. Canada, recalled__________________________  371
Relator’s Rebuttal______________________________ 372
Lucile Bluford recalled, re-direct-------------------------- 372

re-cross___________________________    382
Dorothy Davis, d irect----------------------------------------  384
Ada Franklin, direct____________________________  386
Memorandum of opinion________________________  389
Motion for New Trial___________________________  399
Affidavit for Appeal-------------------_-----------------------  401

RELATOR’S EXHIBITS

“ A ”  Bluford’s transcript, University of Kansas 48 
“ B ”  Letter Bluford to Canada, January 4, 1939 60 
“ C”  Letter Canada to Bluford, January 10,1939 61 
“ D ”  Letter Bluford to Canada, January 11,1939 62 
“ E ”  Letter Canada to Bluford, January 19,1939 63 
“  F ”  Letter Virginia Brown to Dean Martin, Jan­

uary 19,1939___________________________  65
“ G”  Letter Dean Martin Brown, January 24,

1939 ___________________________________  66
“ H ”  Canada’s Statement to Bluford, January

30, 1939 ________________________________ 67
“ I ”  Telegram Bluford to McDavid, February 1,

1939 ___________________________________  71
“ J ”  Telegram Benningfield to Bluford, Febru­

ary 2, 1939 ____________________________  71
“ K - l”  Letter Bluford to Middle bush, February

2,1939   72



52

“ K-2”  Envelop which contained the above letter 74 
“ L ”  Letter Canada to Bluford, February 4,1939 74 
“ M ”  Letter Bluford to Canada, August 14, 1939 77 
“ N ”  Letter Canada to Bluford, August 16, 1939 78 
“ 0 ”  Letter Bluford to Canada, September 8,

1939 ___________________________________ 79
“ P ”  Letter Bluford to Scruggs et al, September

8.1939 _________________________________ 80
“ Q”  Letter Scruggs to Bluford, September 13

1939 _______________________ -___________ 83
“ R ”  Letter Canada to Bluford, September 13,

1939 ___________________________________  84
“ S ”  Telegram Bluford to Canada, September

14, 1939 ________________________________ 87
“ T ”  Telegram Bluford to Middlebush, Septem­

ber 14, 1939 ___________________________  88
“ U ”  Telegram Bluford to McDavid, September

14.1939 ________________________________ 88
“ V ”  Telegram Canada to Bluford, September

14, 1939 ________________________________ 89
“ W ”  Letter Scruggs to Bluford, October 2, 1939 90 
“ X ” -l-2 Letter Bluford to Martin et al., October

6, 1939 ________________________________ 91
“ Y ”  Letter Bent to Bluford, October 9, 1939___ 94
“ Z ”  Letter Redmond to Middlebush, October 3,

1939 ___________________________________  95
“  AA-1 ’ ’ Letter Middlebush to Redmond, October

9, 1939 ________________________________ 96
“ AA-2”  Envelop which contained the above let­

ter ____________________________________  96
“ B B ”  Minutes, Lincoln U. Board, June 26, 1939 190 
‘ ‘ CC ’ ’ Minutes, Lincoln U. Executive Committee,

September 28, 1939_____________________  195
“ DD”  Minutes, Lincoln U. Board, December 16,

1939 ___________________________________  197

PA G E



53

“ E E ”  Minutes, Special Committee, December
29.1939 __________________________    205

“ F F ”  Minutes, Lincoln U. Board, January 16,
1940 ____________________________________ 206

“ GG”  Minutes, U. Missouri Board, February 8,
1936 ____________________________________ 215

“ H H ”  Minutes, U. Missouri Board, March 27,
1936 ____________________________________ 216

“ I I ”  Oath, U. Missouri Curators__________  231
“ J J ”  U. Missouri file re N. A. Sweets__________  233
“ K K ”  U. Missouri catalogue, March 1, 1939------  237
“ L ”  Dean Martin’s Report to President Scruggs 244
“ MM”  Geographical distribution of U. Missouri

Students _______________________________ 247

RESPONDENT’S EXHIBITS

“ 1”  Letter Bluford to Roy, December 12_______  105
“ 2”  Letter Bluford to Houston, January 25,1939 106 
“ 3”  Letter Houston to Bluford, January 27,1939 109 
“ 4 ”  Telegram Bluford to Houston, January 30,

1939 ___________________________________  110
“ 5”  Telegram Marshall to Bluford, February

1, 1939_________________________________  110
“ 6”  Telegram Marshall to Bluford, February

1.1939 _________________________________ 111
“ 7”  Telegram Houston to Bluford, February 1,

1939 ______ _____________________________  111
” 8”  Letter Bluford to Houston, Tuesday_______  112
“ 9 & 10”  Letter Bluford to Marshall, February

2, 1939 _________________________________  113
” 11”  Photostat ______________________________  115
” 12”  Letter Houston to Bluford_______________  115
” 13”  Letter Bluford to Houston_______________  116
” 14”  Editorial, “ Two Schools, Double Costs” _ 128

PAGE



54

“ 15”  Editorial, ‘ ‘ Neither Fair Nor Decent! ’ —  131
“ 16”  Editorial, “ No Evasion! No Delay!” --------  131
“ 17”  Editorial, “ He Who Is Not With Us” ------  134
“  18 ”  Editorial, ‘ ‘ Only One Thing To Do ’ ’---------- 138
“ 19”  Article, “ John D. Taylor, Missouri’s

Bilbo” _________________________________ 140
“  20 ”  Editorial, ‘ ‘ Good Americans Obey Law ’ 145
“ 21”  Editorial, “ We Also Are To Blame” ..-----  147
“ 22”  Editorial, “ Tend To Your Own Business”  149
“ 23”  Editorial, “ Europe, a Warning to Mis­

souri against Being Led by B-ace Hate ’ ’— 151 
“ 24”  Article, “ Nothing Will Happen When

Negro Student is Admitted to M. U .” —  159 
“ 25”  Complaint, Bluford v. Canada, damage

suit ___________________________________  167
“ 26”  Lincoln University Student paper------------  181
“ 27”  U. Missouri By-Laws------------------------------  219
“ 28”  Ledger sheets, Lincoln University appro­

priations ___________ ____— ------------------  251
“ 29”  Ledger sheets, Lincoln University appro­

priations ______________________:-----------  252
“ 30”  Ledger sheets, Lincoln University appro­

priations ______________________________  253
“ 31”  Ledger sheets, Lincoln University appro­

priations -----------------    254
“ 32”  Ledger sheets, Lincoln University appro­

priations -------     255
“  33 ”  Budget allocations, Lincoln U. new depart­

ments _________________________   257
“ 34”  Minutes Lincoln U. Executive Committee,

July 29, 1939___________________________  260
“ 35”  Martin’s Outline for Journalism at Lin­

coln U__________________________________  283
“ 36”  Martin’s Outline for graduate instruction

in Journalism at Lincoln U. ___________  294

PAGE



“ 37”  Telegram Martin to Hyde, U. Wisconsin— 303 
“ 38”  Telegram, Murphy, U. Illinois to Martin — 304 
“  39 ”  Telegram, Casey, U. Minnesota to Martin.... 305 
“ 40”  Telegram, Walker, U. Nebraska to Martin 306 
“ 41”  Telegram, Maurer, U. Michigan to Martin . 306
“ 42”  Letter Maurer to Martin_________________ 308
“  43 ”  Ledger sheet showing unexpended balances,

Lincoln U. ____________________________  362
“  44 ”  Ledger sheet showing unexpended balances,

Lincoln U. ________________________~----- 364

55

PAGE



'







No. 37449

IN THE

A

Supreme Court of Missouri
Division No. 1 

M AY TERM, 1941.

STATE EX REL. LUCILE BLUFORD,

Appellant,

VS.

S. W . CANADA, REGISTRAR OF THE 
UNIVERSITY OF MISSOURI,

Respondent.

APPEAL FROM TH E  CIRCUIT COURT OF BOONE CO U N TY,

M ISSOURI.

HONORABLE W . M . DIN W IDDIE, JUDGE.

ABSTRACT OF THE RECORD BY APPELLANT.

Sidney R. Redmond 
H enry D. E spy 
John A. Davis 
Charles H. H ouston

Attorneys for Appellant.

B P B N C IR  D .  B O V A R D , L A W  P R IN T E R ,  » * »  W A L N U T .  K .  C „  M O .





I









No. 37449

IN THE

Supreme Court of Missouri
Division No. 1 

MAY TERM, 1941.

STATE EX REL. LUCILE BLUFORD, 

Appellant,

VS.

S. W . CANADA, REGISTRAR OF THE 
UNIVERSITY OF MISSOURI,

Respondent.

APPEAL PROM TH E  CIRCUIT COURT OF BOONE COU N TY,

M ISSOURI.

HONORABLE W . M . DINW IDDIE, JUDGE.

ABSTRACT OF THE RECORD BY APPELLANT.

This is an action for a writ of mandamus in­
stituted on the 13 day of October, 1939, by the 
appellant (Relator below) against respondent by 
filing her petition in the Circuit Court of Boone



2

County, which petition, omitting caption, is as 
follows:

PETITION FOR W RIT OF MANDAMUS

To the Honorable Walter Morris Dinwiddie, 
Judge of the Thirty-fourth Judicial Circuit:

The petition of Lucile Bluford respectfully 
shows:

1. That she is twenty-eight years of age, a 
Negro, of good moral character, a citizen of the 
United States and the State of Missouri, resident 
in Kansas City, and a taxpayer. She desires to 
pursue graduate work in the University of Mis­
souri in the field of Journalism, for the purpose 
of becoming more proficient in her chosen pro­
fession of journalism, and of increasing the value 
of her services to the “ Kansas City Call”  (a news­
paper of the State of Missouri) and to the people 
of Missouri.

2. In January, 1939, she duly made applica­
tion to respondent S. W. Canada, Registrar of 
the University of Missouri, for admission to the 
University of Missouri for graduate work in the 
field of Journalism, beginning the second semes­
ter of the academic year 1938-1939. Her applica­
tion for admission and the transcript of her col­
lege record were accepted by respondent, and re­
spondent notified her in regular course that her 
college record was sufficient to admit her gener­
ally to the Graduate School of the University of 
Missouri and that he was referring the transcript 
to the Dean of the School of Journalism to pass 
on whether her college record Avas of the type to



3

admit her to the Graduate School for graduate 
work in the field of Journalism. Upon request 
of respondent the School of Journalism checked 
relator’s college record and found that her col­
lege record did qualify her for admission to the 
Graduate School for graduate work in the field 
of Journalism. Respondent further directed re­
lator to call at his office in Columbia for her 
permit to register when sire should come to the 
University campus in Columbia to register in the 
Graduate School in the field of Journalism for 
said second semester of the academic year 1938- 
1939. Pursuant to such instructions relator duly 
presented herself at the University of Missouri 
at the registration period for said second semes­
ter of the academic year 1938-1939, prepared and 
ready to pay the lawful uniform fees and meet 
the lawful uniform requirements governing ad­
mission to the Graduate School of the Univer­
sity of Missouri in the field of Journalism, and 
attempted to register in said Graduate School in 
the field of Journalism. She asked respondent to 
issue her the requisite permit to register, to which 
she was lawfully entitled, but he arbitrarily and 
illegally failed and refused to issue said permit 
solely because of her race or color, and further 
refused to register or admit her in the Graduate 
School in the field of Journalism, solely because 
of her race or color. The issuance by respondent 
of a permit to register to a prospective student 
of the Graduate School in the field of Journalism 
is a condition precedent to registration and ad­
mission to said School, without which the pros-



4

pective student cannot register or be admitted. 
As a result of respondent’s arbitrary and illegal 
refusal to issue her the permit to register, and 
further refusal to register and admit her to said 
Graduate School, relator has irretrievably lost 
one-half year of her life in entering upon gradu­
ate work in Journalism, and her service to the 
“ Kansas City Call”  and the people of the State 
of Missouri has suffered by her inability to ob­
tain from the State, through its agency the Uni­
versity of Missouri, the graduate work in Jour­
nalism which the State there offers white citi­
zens, foreigners and all other persons who come 
to the State of Missouri except persons of African 
descent, and which it denies her solely because 
she is a Negro.

3. In August, 1939, relator renewed her ap­
plication to respondent for admission to the Uni­
versity of Missouri for graduate work in Jour­
nalism, beginning the first semester of the aca­
demic year 1939-1940. At the registration period 
for said first semester in September, 1939, she 
duly presented herself to respondent at the Uni­
versity of Missouri, prepared and ready to pay 
the lawful uniform fees and meet the lawful uni­
form requirements governing admission to the 
Graduate School of the University of Missouri 
in the field of Journalism, and requested him to 
issue her a permit to register, and to register and 
admit her to said Graduate School for graduate 
work in the field of Journalism. Nevertheless re­
spondent arbitrarily and illegally failed and re­
fused to issue her the permit or to register or ad-



5

mit her, solely because of her race or color. As 
a result of respondent’s arbitrary and illegal re­
fusal to issue her the permit to register or to 
register or admit her as aforesaid, relator has ir­
retrievably, lost and is still losing, an additional 
period of her life in entering upon graduate work 
in Journalism, and her service to the “ Kansas 
City Call”  and the people of the State of Mis­
souri has suffered, and is suffering, by her in­
ability to obtain from the State, through its 
agency the University of Missouri, the graduate 
work in Journalism which the State there offers 
white citizens, foreigners and all other persons 
who come to the State of Missouri except per­
sons of African descent, and which it denies her 
solely because she is a Negro.

4. The University of Missouri is a public 
educational institution of the State of Missouri, 
maintained and operated by the State through 
“ The Curators of the University of Missouri,”  
a body corporate created by the State for such 
purpose. The University of Missouri is supported 
in large part with funds derived from the public 
treasury of the State under legislative appropria­
tions from taxes collected from the citizens at 
large in Missouri, including relator. Under the 
rules and regulations governing the administration 
of the University, respondent Canada is the officer 
who has charge of all matters relating to registra­
tion and admission of students to any department 
of the University, including the Graduate School 
and the School of Journalism. In the matter of the 
admission of students respondent functions as a 
state officer.



6

5. “ The Curators of the University of Mis­
souri”  by and through its agents in the premises 
maintains and operates the Graduate School and 
the School of Journalism as integral component 
parts of the University of Missouri. Students de­
siring graduate work in Journalism under the rules 
and regulations of the University are formally en­
rolled by respondent in the Graduate School but 
take their principal work in the School of Journal­
ism.

6. 'The School of Journalism of the University 
of Missouri is the oldest school of Journalism in 
the World, is of the highest ranking in its field and 
a charter member of the American Association of 
Schools and Departments of Journalism. It exists 
to serve the newspapers of the State of Missouri, 
and its primary aim is to equip students for work 
on newspapers and other periodicals. Its methods 
conform to the most modern standards of journal­
ism, and its equipment constitutes a modern and 
completely equipped newspaper and educational 
plant. All news, editorial, feature and advertising 
work on “ The Columbia Missourian,’ ’ a newspaper 
published daily except Sunday, is done by students 
in Journalism, under direct supervision of faculty 
members, all of whom are men and women of news­
paper and business experience. The School does 
not offer by correspondence professional courses 
in Journalism. A person who holds a bachelor’s 
degree in Journalism or its equivalent may become 
a candidate for the degree of Master of Arts in 
Journalism. Respondent registrar has charge of 
registration and admission of students to the 
School of Journalism.



7

7. The Graduate School of the University of 
Missouri offers graduate instruction in classical 
languages and archaeology, modern languages, 
philosophy and psychology, education, social sci­
ences, journalism, mathematical and physical sci­
ences, biological sciences, the fine arts, home eco­
nomics, agriculture and engineering. The Faculty 
of the Graduate School has general oversight of 
all graduate work in the University. Graduates 
of the colleges and universities comprising the Mis­
souri College Union and of other reputable colleges 
and universities are admitted to the Graduate 
School. Students cannot become candidates for 
any graduate degree (M. A. or Ph. D.) until after 
admission to the Graduate School. As above stated 
in paragraph 5, students doing graduate work in 
the field of Journalism are formally registered in 
the Graduate School but take their principal work 
in the School of Journalism. Respondent registrar 
has charge of registration and admission of 
students to the Graduate School.

8. Relator is a graduate of Kansas Univer­
sity, having received in 1932 her Bachelor of Arts 
degree with major in journalism, after a four-year 
resident course. Kansas University is a reputable 
university whose graduates are accepted for gradu­
ate work in their respective fields in the Graduate 
School of the University of Missouri. Kansas Uni­
versity does not have a School of Journalism, like 
the University of Missouri, but does have a com­
plete Department of Journalism which is a depart­
ment of the College of Liberal Arts of Kansas Uni­
versity. The Department of Journalism of Kansas 
University is approved by the same rating agencies



8

as the School of Journalism of the University of 
Missouri, and both are members of the American 
Association of Schools and Departments of Jour­
nalism. The degree of Bachelor of Arts with major 
in Journalism from Kansas University is the 
equivalent to the degree of Bachelor of Journalism 
from the University of Missouri, particularly so 
far as concerns admission to the Graduate School 
of the University of Missouri for graduate work in 
the field of Journalism, and qualifies a student 
with regard to academic training for admission to 
said Graduate School for graduate work in the 
field of Journalism.

9. Relator was elected to membership in the 
national journalistic honor society while pursuing 
her studies in Journalism in Kansas University, 
but was denied initiation because of her race or 
color. While attending Kansas University she 
served on the “ University Daily Kansan,”  the of­
ficial university paper, as reporter, copy editor, 
night editor, society and telegraph editor. From 
June, 1932, to October, 1932, she was employed as 
night and make-up editor on a chain of papers of 
which the keystone was the “ Atlanta Daily W orld.”  
From October, 1932, to date she has been em­
ployed on the “ Kansas City Call”  above men­
tioned: from October, 1932 to August, 1937, as re­
porter and news-editor; since August, 1937, as man­
aging editor. After completion of her graduate 
work in Journalism at the University of Missouri 
she plans to remain in the State of Missouri, on 
the staff of the “ Kansas City Call,”  and to give 
her paper and the people of the State the benefit 
of her graduate training and experience.



9

10. The University of Missouri through its 
departments the Graduate School and the School 
of Journalism is the only institution in the State 
of Missouri offering Graduate work in Journalism. 
Lincoln University, a public educational institution 
of Missouri maintained by the State for the educa­
tion of Negroes does not have any department or 
courses in Journalism, and September 28, 1939, the 
President of Lincoln University officially notified 
relator the Lincoln University was not offering any 
graduate work in journalism, and that “ the organi­
zation and approval of such course offerings must 
await time for study and report by the President 
and Faculty of the University.”  Lincoln University 
does not have either the physical plant, the faculty, 
or other resources to offer graduate courses in 
J ournalism.

11. Relator at all times material herein was, 
and still is, eligible in all lawful respects for ad­
mission to the Graduate School of the University 
of Missouri for graduate work in Journalism. Re­
spondent at all times material herein was, and still 
is, under a plain, legal ministerial duty to admit 
relator into the said Graduate School for graduate 
work in Journalism at the regular registration 
periods for the same, upon her paying the lawful 
uniform fees and meeting the lawful uniform re­
quirements governing admission to said School for 
graduate work in Journalism. Respondent’s acts 
in rejecting relator’s application for admission, in 
refusing to issue her a permit to register, and in 
refusing to register and admit her in said School



10

as hereinbefore set forth, constituted state action; 
and by each said act the State has denied relator 
the equal protection of the laws guaranteed her by 
the first section of the Fourteenth Amendment to 
the Constitution of the United States, solely be­
cause of her race or color. Relator has no ade­
quate or appropriate redress in the premises to 
compel the State to accord her the equal protec­
tion of the laws other than this action of man­
damus; and unless this Court grants said writ, the 
State through its officer, the respondent registrar, 
will always continue to refuse to issue relator a 
permit to register, and to register and admit her in 
the Graduate School of the University of Missouri 
for graduate work in Journalism, and will continue 
to deny relator the equal protection of the laws.

Therefore, relator respectfully moves this Hon­
orable Court for a writ of mandamus requiring re­
spondent registrar of the University of Missouri to 
issue forthwith to relator a permit to register in the 
Graduate School of the University of Missouri for 
graduate work in the field of Journalism, and to 
register her in and admit her to said Graduate 
School for graduate work in the field of Journal­
ism, at the next regular admission period for said 
Graduate School matriculating students for gradu­
ate work in the field of Journalism, upon relator’s 
paying the lawful uniform fees and meeting the 
lawful uniform requirements for such registration 
and admission, and further requiring respondent to 
perform such other legal duties by way of further 
relief to relator and of further protection of her



11

constitutional rights as the circumstances of the 
case and justice may demand.

Lucile Bluford, Relator.

Sidney R. Redmond 
H enry D. E spy 
John A. Davis 
Charles H. H ouston,

Attorneys for Relator.

State of Missouri, Boone County, ss.
Personally appeared before me, the under­

signed Notary Public in and for Boone County, 
Missouri, the within named Lucile Bluford, who 
being by me first duly sworn on her oath states 
that the matters in the attached petition by her 
subscribed which are stated as matters of fact she 
knows to be true and those stated as of information 
and belief she verily believes to be true.

Lucile Bluford.

Subscribed and sworn to before me this 13th 
day of October, 1939.

My commission expires: ......................................

Notary Public

Thereafter, to-wit, on the 13th day of October, 
1939, Hon. W. M. Dinwiddie, presiding judge of



12

said Court, granted an alternative writ of man­
damus which, omitting caption, is as follows:

ALTERNATIVE W RIT OF MANDAMUS

To S. W. Canada, Registrar of the University 
of Missouri:

Whereas Lucile Bluford by her petition duly 
verified on her oath has represented to us that:

“ 1. That she is twenty-eight years of age, a 
Negro, of good moral character, a citizen of the 
United States and the State of Missouri, resident 
in Kansas City, and a taxpayer. She desires to 
pursue graduate work in the University of Mis­
souri in the field of Journalism, for the purposes 
of becoming more proficient in her chosen profes­
sion of journalism, and of increasing the value of 
her services to the “ Kansas City Call”  (a news­
paper of the State of Missouri) and to the people 
of Missouri.”

“ 2. In January, 1939, she duly made appli­
cation to respondent S. W. Canada, Registrar of 
the University of Missouri, for admission to the 
University of Missouri for graduate work in the 
field of journalism, beginning the second semester 
of the academic year 1938-1939. Her application 
for admission and the transcript of her college 
record were accepted by respondent, and respondent 
notified her in regular course that her college 
record was sufficient to admit her generally to the 
Graduate School of the University of Missouri and 
that he was referring the transcript to the Dean 
of the School of Journalism to pass on whether 
her college record was of the type to admit her to



13

the Graduate School for graduate work in the field 
of Journalism. Upon request of respondent the 
School of Journalism checked relator’s college 
record and found that her college record did 
qualify her for admission to the Graduate School 
for graduate work in the field of Journalism. Re­
spondent further directed relator to call at his 
office in Columbia for her permit to register when 
she should come to the University campus in Col­
umbia to register in the Graduate School in the 
field of Journalism for said second semester of 
the academic year 1938-1939. Pursuant to such in­
structions relator duly presented herself at the 
University of Missouri at the registration period 
for said second semester of the academic year 1938- 
1939, prepared and ready to pay the lawful uniform 
fees and meet the lawful uniform requirements 
governing admission to the Graduate School of the 
University of Missouri in the field of Journalism, 
and attempted to register in said Graduate School 
in the field of Journalism. She asked respondent 
to issue her the requisite permit to register, to 
which she was lawfully entitled, but he arbitrarily 
and illegally failed and refused to issue said per­
mit solely because of her race or color, and further 
refused to register or admit her in the Graduate 
School in the field of Journalism, solely because of 
her race or color. The issuance by respondent of 
a permit to register to a prospective student of the 
Graduate School in the field of Journalism is a con­
dition precedent to registration and admission to 
said School, without which the prospective student 
cannot register or be admitted. As a result of re­
spondent’s arbitrary and illegal refusal to issue



14

her the permit to register, and further refusal to 
register and admit her to said Graduate School, 
relator has irretrievably lost one-half year of her 
life in entering upon graduate work in Journalism, 
and her service to the “ Kansas City Call”  and 
the people of the State of Missouri has suffered 
by her inability to obtain from the State, through 
its agency the University of Missouri, the graduate 
work in Journalism which the State there offers 
white citizens, foreigners and all other persons 
who come to the State of Missouri except persons 
of African descent, and which it denies her solely 
because she is a Negro.”

“ 3. In August, 1939, relator renewed her ap­
plication to respondent for admission to the Uni­
versity of Missouri for graduate work in Journal­
ism, beginning the first semester of the academic 
year 1939-1940. At the registration period for said 
first semester in September, 1939, she duly pre­
sented herself to respondent at the University of 
Missouri, prepared and ready to pay the lawful 
uniform fees and meet the lawful uniform re­
quirements governing admission to the Graduate 
School of the University of Missouri in the field of 
Journalism, and requested him to issue her a per­
mit to register, and to register and admit her to 
said Graduate School for graduate work in the field 
of Journalism. Nevertheless respondent arbitrarily 
and illegally failed and refused to issue her the 
permit to register or to admit her, solely because 
of her race or color. As a result of respondent’s 
arbitrary and illegal refusal to issue her the permit 
to register or to register or admit her as aforesaid, 
relator has irretrievably, lost and is still losing, an



15

additional period of her life in entering upon grad­
uate work in Journalism, and her service to the 
“ Kansas City Call”  and the people of the State of 
Missouri has suffered, and is suffering, bv her 
inability to obtain from the State, through its 
agency the University of Missouri, the graduate 
work in Journalism which the State there offers 
white citizens, foreigners and all other persons wdio 
come to the State of Missouri except persons of 
African descent, and which it denies her solely 
because she is a Negro.”

“ 4. The University of Missouri is a public 
educational institution of the State of Missouri, 
maintained and operated hv the State through 
“ The Curators of the University of Missouri,”  a 
body corporate created by the State for such pur­
pose. The University of Missouri is supported in 
large part with funds derived from the public 
treasury of the State under legislative appropria­
tions from taxes collected from the citizens at large 
in Missouri, including relator. Under the rules 
and regulations governing the administration of the 
University, respondent Canada is the officer who 
has charge of all matters relating to registration 
and admission of students to any department of 
the University, including the Graduate School and 
the School of Journalism. In the matter of the ad­
mission of students respondent functions as a state 
officer.”

“ 5. ‘ The Curators of the University of Mis­
souri’ by and through its agents in the premises 
maintains and operates the Graduate School and 
the School of Journalism as integral component 
parts of the University of Missouri. Students de-



16

siring graduate work in Journalism under the rules 
and regulations of the University are formally en­
rolled by respondent in the Graduate School but 
take their principal work in the School of Journal­
ism.”

“ 6. The School of Journalism of the Uni­
versity of Missouri is the oldest School of Journal­
ism in the World, is of the highest ranking in its 
field and a charter member of the American Associ­
ation of Schools and Departments of Journalism. 
It exists to serve the newspapers of the State of 
Missouri, and its primary aim is to equip students 
for work on newspapers and other periodicals. Its 
methods conform to the most modern standards 
of journalism, and its equipment constitutes a 
modern and completely equipped newspaper and 
educational plant. All news, editorial, feature and 
advertising work on “ The Columbia Missourian,”  
a newspaper published daily except Sunday, is done 
by students in Journalism, under direct super­
vision of faculty members, all of whom are men 
and women of newspaper and business experience. 
The School does not offer by correspondence pro­
fessional courses in Journalism. A person who 
holds a bachelor’s degree of Journalism or its 
equivalent may become a candidate for the degree 
of Master of Arts in Journalism. Respondent 
registrar has charge of registration and admission 
of the students to the School of Journalism.”

“ 7. The Graduate School of the University 
of Missouri offers graduate instruction in classical 
languages and archaeology, modern languages, 
philosophy and psychology, education, social sci­
ences, journalism, mathematical and physical sci-



17.

ences, biological sciences, the fine arts, home eco­
nomics, agriculture and engineering. The Faculty 
of the Graduate School has general oversight of all 
graduate work in the University. Graduates of the 
colleges and universities comprising the Missouri 
College Union and of other reputable colleges and 
universities are admitted to the Graduate School. 
Students cannot become candidates for any gradu­
ate degree (M. A. or Ph. D.) until after admission 
to the Graduate School. As above stated in para­
graph 5, students doing graduate work in the field 
of Journalism are formally registered in the Grad­
uate School but take their principal work in the 
School of Journalism. Respondent registrar has 
charge of registration and admission of students to 
the Graduate School.”

” 8. Relator is a graduate of Kansas Univers­
ity, having received in 1932 her Bachelor of Arts 
degree with major in journalism, after a four year 
resident course. Kansas University is a reputable 
university whose graduates are accepted for grad­
uate work in their respective fields in the Graduate 
School of the University of Missouri. Kansas 
University does not have a School of Journalism, 
like the University of Missouri, but does have a 
complete department of Journalism which is a de­
partment of the College of Liberal Arts of Kansas 
University. The Department of Journalism of Kan­
sas University is approved by the same rating 
agencies as the School of Journalism of the Uni­
versity of Missouri, and both are members of the 
American Association of Schools and Departments 
of Journalism. The degree of Bachelor of Arts 
with major in Journalism from Kansas University



18

is the equivalent of the degree of Bachelor of 
Journalism from the University of Missouri, par­
ticularly so far as concerns admission to the Gradu­
ate School of the University of Missouri for gradu­
ate work in the field of Journalism, and qualifies a 
student with regard to academic training for ad­
mission to said Graduate School for graduate work 
in the field of Journalism.”

“ 9. Relator was elected to membership in the 
national journalistic honor society while pursuing 
her studies in Journalism in Kansas University, but 
was denied initiation because of her race or color. 
While attending Kansas University she served on 
the “ University Daily Kansan,”  the official uni­
versity paper, as reporter, copy editor, night editor, 
society and telegraph editor. From June, 1932, to 
October, 1932, she was employed as night and make­
up editor on a chain of papers of which the key­
stone was the “ Atlanta Daily W orld.”  From Oc­
tober, 1932, to date she has been employed on the 
“ Kansas City Call”  above mentioned: from Octo­
ber, 1932, to August, 1937, as reporter and news-ed­
itor; since August, 1937, as managing editor. A f­
ter completion of her graduate work in Journalism 
at the University of Missouri she plans to remain 
in the State of Missouri, on the staff of the “ Kan­
sas City Call,”  and to give her paper and the peo­
ple of the State the benefit of her graduate train­
ing and experience.”

“ 10. The University of Missouri through its 
departments the Graduate School and the School of 
Journalism is the only institution in the State of 
Missouri offering graduate work in Journalism. 
Lincoln University, a public educational institu­
tion of Missouri maintained by the State for the



19

education of Negroes does not have any department 
or courses in Journalism, and September 28, 1939, 
the President of Lincoln University officially noti­
fied relator that Lincoln University was not offer­
ing any graduate work in Journalism, and that 
“ the organization and approval of such course 
offerings must await time for study and report by 
the President and Faculty of the University.”  
Lincoln University does not have either the physi­
cal plant, the faculty, or other resources to offer 
graduate courses in Journalism.”

“ 11. Relator at all times material herein was, 
and still is, eligible in all lawful respects for ad­
mission to the Graduate School of the University 
of Missouri for graduate work in Journalism. Re­
spondent at all times material herein was, and still 
is, under a plain, legal ministerial duty to admit 
relator into the said Graduate School for graduate 
work in Journalism at the regular registration 
periods for the same, upon her paying the lawful 
uniform fees and meeting the lawful uniform re­
quirements governing admission to said School for 
graduate work in Journalism. Respondent’s acts 
in rejecting relator’s application for admission in 
refusing to issue her a permit to register, and in 
refusing to register and admit her in said school 
as hereinbefore set forth, constituted state action; 
and by each said act the State has denied relator 
the equal protection of the laws guaranteed her by 
the first section of the Fourteenth Amendment to 
the Constitution of the United States, solely be­
cause of her race or color. Relator has no ade­
quate or appropriate redress in the premises to 
compel the State to accord her the equal protection 
of the laws other than this action of mandamus;



20

and unless this Court grants said writ, the State 
throught its officer, the respondent registrar, will 
always continue to refuse to issue relator a permit 
to register, and to register and admit her in the 
Graduate School of the University of Missouri for 
graduate work in Journalism, and will continue to 
deny relator the equal protection of the laws.”

Now therefore, we being willing that full and 
speedy justice should be done in this behalf to her, 
the said Lucile Bluford, do command and enjoin 
you that immediately after the receipt of this writ 
you issue forthwith to relator Lucile Bluford a per­
mit to register in the Graduate School of the Uni­
versity of Missouri for graduate work in the field 
of Journalism, and to register her in and admit 
her to said Graduate School for graduate work in 
the field of Journalism at the next regular ad­
mission period for said Graduate School matricu­
lating students for graduate work in the field of 
Journalism, upon relator’s paying the lawful uni­
form fees and meeting the lawful uniform require­
ments for such registration and admission; or that 
you appear before the Circuit Court of Boone 
County, at the City of Columbia, on the 24th day of 
October, 1939, at 9 a. m. o ’clock to show cause for 
your refusal so to do. Herein fail not at your peril, 
and have then and there this writ.

Witness W. M. Dinwiddie, Judge of the 
Circuit Court of Boone County, Missouri, and the
seal of said Court hereto affixed, th is ...........day of
October, 1939.

Floyd Roberts,
Clerk, Circuit Court of
Boone County.



21

Thereafter in due time, during the October 
Term, 1939, of said Court, respondents filed their 
return to the aforesaid alternative writ in said 
cause, which return, omitting caption, is as follows:

RESPONDENT’S RETURN TO THE 
ALTERNATIVE 

WRIT OF MANDAMUS

Now comes the respondent S. W. Canada, 
Registrar of the University of Missouri, and for 
his answer and return to the alternative writ of 
mandamus issued herein, respondent states:

I.

1. The alternative writ of mandamus herein 
should be quashed for the reason that relator’s 
petition and said alternative writ each fails to 
state facts sufficient to constitute a cause of ac­
tion against respondent, or to entitle relator to 
any of the relief which she prays, or to any of the 
relief demanded by said alternative writ of man­
damus.

2. Respondent denies that he has any knowl­
edge or information thereof sufficient to form a 
belief as to the truth of the allegation that relator 
is a citizen of the United States and the State of 
Missouri, a resident of Kansas City, and a tax 
payer; and respondent therefore denies that rela­
tor is a citizen of the United States and the State 
of Missouri, a resident of Kansas City, and a tax 
payer. Respondent denies that relator desires to 
pursue graduate work in the University of Mis-



2 2

souri in the field of Journalism, for the purposes 
of becoming more proficient in her chosen pro­
fession of Journalism, and of increasing the value 
of her services to the “ Kansas City Call”  and to 
the people of Missouri.

3. Respondent denies that in January, 1939, 
relator properly applied to respondent S. W. 
Canada, Registrar of the University of Missouri, 
for admission to the University of Missouri for 
graduate work in the field of Journalism; and 
denies that her application for admission and the 
transcript of her college record were accepted by 
this respondent; and denies that respondent noti­
fied relator that her college record was sufficient 
to admit her generally to the Graduate School of 
the University of Missouri; and denies that the 
School of Journalism found that relator’s college 
record qualified her for admission to the gradu­
ate school for graduate work in the field of Jour­
nalism; respondent further denies that he direct­
ed relator to call at his office in Columbia for 
her permit to register when she should come to the 
University Campus in Columbia; he further denies 
that relator presented herself at the University 
of Missouri at the registration period for said 
second semester of the academic year 1938-1939, 
prepared and ready to pay the lawful uniform 
fees and meet the lawful uniform requirements 
governing admission to the graduate school of the 
University of Missouri in the field of Journalism, 
and attempted to register in said Graduate School 
in the field of Journalism; and denies that relator 
requested the respondent to issue to her the 
requisite permit to register, and denies that she



23

was lawfully entitled to register or to such per­
mit, and that she arbitrarily and illegally failed 
and refused to issue said permit solely because 
of her race or color, and denies that he refused 
to register or admit her in the Graduate School 
in the field of Journalism solely because of her 
race or color; the respondent further denies that 
the issuance of a permit to register to a prospec­
tive student of the Graduate School in the field 
of Journalism is a condition precedent to regis­
tration and admission to said school without 
which a prospective student cannot register or 
be admitted; furthermore, respondent denies that 
he arbitrarily and illegally refused to issue re­
lator a permit to register and that he arbitrarily 
and illegally refused to register and admit her 
to said Graduate School; and denies that relator 
has irretrievably lost one-half year of her life 
in entering upon graduate work in Journalism, 
and that her service to the “ Kansas City Call”  
and the people of the State of Missouri has suf­
fered as a result thereof and denies that regis­
tration was forbidden her solely because of her 
race or color. Respondent further denies that in 
August, 1939, relator renewed her application for 
admission to the University of Missouri for 
graduate work in Journalism beginning the first 
semester of the academic year 1939-40; respond­
ent denies that at the registration period for said 
first semester in September, 1939, relator duly 
presented herself to respondent at the Univer­
sity of Missouri prepared and ready to pay the 
lawful uniform fees and meet the lawful uniform 
requirements governing admission to the Gradu-



24

ate School of the University of Missouri in the 
field of Journalism, and that relator requested 
him to issue her a permit to register, and to regis­
ter and admit her to said Graduate School for 
graduate work in the field of Journalism; re­
spondent denies that he arbitrarily and illegally 
failed and refused to issue her a permit or to 
register or admit her solely because of her race 
or color; furthermore, respondent denies that he 
arbitrarily and illegally refused to issue relator 
a permit to register and that he arbitrarily and 
illegally refused to register and admit her to said 
Graduate School; and denies that relator has 
irretrievably lost an additional period of her life 
in entering upon graduate work in Journalism, 
and that her service to the “ Kansas City Call'’ 
and the people of the state of Missouri has suf­
fered as a result thereof, and denies that regis­
tration was forbidden her solely because she is 
a negro.

4. Respondent denies any knowledge or in­
formation thereof sufficient to form a belief as 
to the allegation that the funds used by the cura­
tors of the University of Missouri in operating 
the state university are derived in part from 
taxes (if any) collected from the relator; and re­
spondent therefore denies the allegation that the 
funds used by the curators of the University of 
Missouri in operating the state university are 
derived in part from taxes collected from relator. 
Respondent denies that under the rules and regu­
lations governing the administration of the uni­
versity, respondent is the officer who has charge 
of all matters relating to the registration and



25

admission of students to any department of the 
university, including the Graduate School and the 
School of Journalism. Respondent denies that in 
the matter of admission of students respondent 
functions as a state officer.

5. Respondent denies that “ The Curators of 
the University of Missouri”  by and through its 
agents in the premises, maintains and operates 
the Graduate School and the School of Journalism 
as integral component parts of the University of 
Missouri; respondent denies that students desir­
ing graduate work in Journalism, under the rules 
regulations of the university, are formally en­
rolled by respondent in the Graduate School, but 
take their principal work in the School of Jour­
nalism.

6. Respondent denies any knowledge or in­
formation thereof sufficient to form a belief as 
to the allegation that the University of Missouri 
through its departments, the Graduate School and 
the School of Journalism is the only institution 
in the State of Missouri offering graduate work 
in Journalism; and respondent therefore denies 
the allegation that the University of Missouri 
through its departments, the Graduate School and 
the School of Journalism is the only institution 
in the State of Missouri offering graduate work 
in Journalism. Respondent denies any knowledge 
or information thereof insufficient to form a be­
lief as to the allegation that “ Lincoln University, 
a public educational institution of Missouri main­
tained by the. state for the education of negroes 
does not have any department or courses in Jour­
nalism, and September 28, 1939, the president of



2 6

Lincoln University officially notified relator that 
Lincoln University was not offering any graduate 
woi’k in Journalism, and that “ the organization 
and approval of such course offerings must await 
time for study and report by the president and 
faculty of the university” ; and respondent there­
fore denies the allegation that”  Lincoln Univer­
sity, a public educational institution of Missouri 
maintained by the state for the education of ne­
groes does not have any department or courses 
in Journalism, and September 28, 1939, the presi­
dent of Lincoln University officially notified rela­
tor that Lincoln University was not offering any 
graduate work in Journalism, and that “ the organ­
ization and approval of such course offerings 
must await time for study and report by the presi­
dent and faculty of the university.”  Respondent 
denies that Lincoln University does not have either 
the physical plant, the faculty or other resources 
to offer graduate courses in Journalism.

7. Respondent denies that relator is eligible 
or qualified for admission to the Graduate School 
of the University of Missouri for graduate work 
in Journalism. Respondent denies that at the 
regular registration period for admission to the 
Graduate School relator could conform to the law­
ful uniform regulations and requirements for ad­
mission to said school. Respondent denies that 
his alleged act in refusing to admit relator to said 
Graduate School constituted state action; and de­
nies that by said alleged act the state has denied 
relator the equal protection of the laws guaranteed 
her by the first section of the Fourteenth Amend­
ment to the Constitution of the United States, and



27

denies that respondent refused to admit relator 
solely because of her race or color. Respondent 
denies that relator has no adequate or appropriate 
redress in the premises to compel the state to 
accord her the equal protection of the laws. Re­
spondent denies that said refusal will inflict upon 
relator an irreparable injury and respondent de­
nies that respondent was or is under a plain legal 
ministerial duty to admit relator into the Gradu­
ate School for graduate work in Journalism at any 
regular matriculation period or at any period or 
time whatsoever.

II.

8. It is contrary to the constitution, laws and 
public policy of the State of Missouri to admit 
relator, who is a negro, as a student in the Uni­
versity of Missouri or in any school or department 
thereof. The constitution, laws and public policy 
of the State of Missouri require a separation of 
the white and negro races for the purpose of edu­
cation, and require that members of the white race 
and members of the negro race shall be educated 
in separate public schools and universities, and 
forbid a white student to attend a negro school 
or university and forbid a negro student to at­
tend a white school or university of the State of 
Missouri.

9. Section 3 of Article XI of the Constitu­
tion of Missouri provides:

“ Separate free public schools shall be 
established for the education of children of 
African descent.”



28

10. Section 5 of Article X I of the Constitu­
tion of Missouri provides:

“ The General Assembly shall, whenever 
the public school fund will permit and the 
actual necessity of the same may require, aid 
and maintain the State University, now estab­
lished, with its present departments. The 
Government of the State University shall be 
vested in a Board of Curators, to consist of 
nine members, to be appointed by the Gover­
nor, by and with the advice and consent of the 
Senate.”

11. By section 9216 R. S. Mo., 1939, it is pro­
vided that:

“ Separate free schools shall be establish­
ed for the education of children of African 
descent; and it shall thereafter be unlawful 
for any colored child to attend any white 
school, or for any white child to attend a col­
ored school.”

12. By Article 19, Chapter 57, R. S. Mo., 
1929, the State of Missouri established Lincoln 
University, a university for the higher education 
of negro students in the state. By said article the 
control of Lincoln University was vested in a 
board of curators. By section 9618 of said article 
the Board of Curators of Lincoln University was 
authorized and required to reorganize said insti­
tution so that it should afford to the negro people 
of the state opportunity for training up to the



29

standard furnished at the University of Missouri; 
and to this end said board of curators was auth­
orized to purchase necessary additional land, to 
erect necessary additional buildings, to provide 
necessary additional equipment and to locate the 
respective units of the university where, in their 
opinion, the various schools would most effectively 
promote the purposes of said article.

13. At the 60tli General Assembly there was 
duly enacted in lieu thereof a new section bearing 
tlie same number and reading as follows (Laws of 
1939, page 685):

“ Sec. 9618. Board of curators auth­
orized to reorganize.—The Board of Curators 
of the Lincoln University shall be authorized 
and required to reorganize said institution so 
that it shall afford to the negro people of the 
state opportunity for training up to the stand­
ard furnished at the State University of Mis­
souri. To this end the board of curators shall 
be authorized to purchase necessary additional 
buildings, to open and establish any new 
school, department or course of instruction, to 
provide necessary additional equipment, and 
to locate the respective units of the university 
wherever in the State of Missouri in their 
opinion the various schools will most effec­
tively promote the purposes of this article.”

14. At the same session of the General As­
sembly there was duly enacted House Bill No. 
584 by which (in addition to appropriations of 
$606,000 for other purposes payable out of gen-



30

eral revenue, and $48,500 payable out of the Lin­
coln University fund) there was appropriated the 
further sum of $200,000 for the purposes stated 
in section 3 of the House Bill No. 584, reading 
as follows (Laws of 1939, page 78):

“ Sec. 3. Lincoln University—for open­
ing new departments.— There is hereby ap­
propriated out of the State Treasury, charge­
able to the General Revenue fund, for Lincoln 
University for the years 1939 and 1940, the 
sum of Two Hundred Thousand Dollars 
($200,000.00) for the use of the Board of 
Curators of Lincoln University in employing 
additional teachers and instructors and the 
purchases of necessary equipment for the pur­
pose of opening new departments so as to 
comply with the provisions of section 9618 of 
the Revised Statutes of Missouri as amended 
by the Laws of Missouri, 1939.”

15. By various appropriation acts, at ses­
sions of the General Assembly from 1921 to 1939, 
inclusive, there has been appropriated for Lincoln 
University the total sum of $5,034,653.49, from 
which $500,000 was eliminated by the decision of 
the Supreme Court of Missouri in Lincoln Uni­
versity vs. Hackman, 295 Mo. 118; so the net 
balance appropriated in those years and made 
available for the support, maintenance and opera­
tion of Lincoln University was the sum of 
$4,534,653.49.

16. At all times Lincoln University has had, 
and it still has, ample funds by state appropria-



31

tion for its proper support, maintenance and op­
eration; and the opportunity for higher education 
of negroes in Lincoln University has been at all 
times and is now substantially equal to that 
available to white students in the University of 
Missouri.

17. The duties imposed upon the Board of 
Curators of Lincoln University by the foregoing- 
acts and laws are mandatory in their nature, and 
the effect of said acts and laws is to afford to the 
negroes of the State of Missouri, including relator, 
equal protection of the laws and equal opportunity 
with that accorded to white citizens, for education, 
culture and training afforded by the University 
of Missouri to students in its various departments, 
and to accord to every negro citizen of the State 
of Missouri, including this relator, due process 
of law with respect to their rights and liberties 
concerning the acquisition of an education, includ­
ing an education in the field of Journalism.

18. By section 9639 R. S. Mo., 1929, it is pro­
vided that the Curators of the University of Mis­
souri shall severally take, and the present mem­
bers of the Board of Curators of the University 
of Missouri have severally taken, an oath to sup­
port the Constitution of Missouri and to faithfully 
demean themselves in office; and it is therefore 
made the sworn duty of said curators to comply 
with all of the aforesaid provisions of the consti­
tution and statutes, and with the public policy of 
the state aforesaid, requiring a separation of the 
white and negro races for the purpose of educa­
tion. In refusing to admit relator, a negro, as a



32

student in the Graduate School of the University 
of Missouri, the respondent as an employee of said 
curators has therefore acted and is acting law­
fully, in conformity with the constitution, laws and 
public policy of the State of Missouri, as afore­
said, and not otherwise.

19. The relator has a full, complete and ade­
quate remedy otherwise than by the extraordinary 
remedy of mandamus; and the relator has no right 
to the remedy of mandamus or to any of the relief 
prayed for herein.

III.

20. By the laws hereinabove set forth the 
State of Missouri has delegated to the Board of 
Curators of Lincoln University the exclusive 
power, and has charged said board with the man­
datory and exclusive duty, to provide within the 
borders of the state for qualified negro residents 
of the state the facilities and opportunity for ob­
taining an education substantially equal to that 
available to white students in the University of 
Missouri, including an education in the field of 
Journalism. The state has not delegated any such 
power to the Board of Curators of the University 
of Missouri or to this respondent and has not 
charged the Board of Curators of the University 
of Missouri with any such duty, and it is no part 
of such board’s duty to provide for negroes the 
facilities and opportunity for an education in the 
field of Journalism or other education. Relator’s 
right to obtain an education in the field of Jour-



33

nalism in a state supported school is therefore a 
right which, under the laws aforesaid, she is en­
titled to assert against the Board of Curators of 
Lincoln University only, and is not entitled to as­
sert against the Board of Curator, of the Uni­
versity of Missouri or this respondent.

WHEREFORE, respondent prays that the 
alternative writ of mandamus herein be quashed, 
and that relator be denied all of the relief prayed 
and be adjudged and decreed to have no right to 
any of the relief prayed, and that this suit be dis­
missed, and that respondent be adjudged to go 
hence discharged without day, and to recover his 
costs herein.

Nick T. Cave,
K enneth Teasdale,
W illiam S. H ogsett,

Attorneys for Respondent.

Thereafter in due time, during the October 
Term, 1939, of said Court, appellant filed her re­
ply to said return, which reply, omitting caption, 
is as follows:

RELATOR’S REPLY TO RESPONDENT’S 
RETURN

Comes Lucile Bluford, relator, and first sav­
ing all objections and exceptions which may be 
hers by reasons of the many imperfections and 
defects in respondent’s return to the alternative



writ of mandamus issued in this cause, for reply 
to said return says:

I.

1. She denies her petition and alternative 
writ failed to state facts sufficient to constitute 
a cause of action against respondent or to en­
title her to all of the relief prayed for.

2. She denies her application was rejected 
on any ground other than her race or color.

II.

3. She states that inasmuch as the Univer­
sity of Missouri through its Graduate School and 
School of Journalism is the only public institu­
tion within the State of Missouri offering gradu­
ate work in journalism to the citizens of Mis­
souri, the state constitution, laws and public policy 
of Missouri which purport to require a separa­
tion of the races for purposes of education, men­
tioned in paragraph 8 of the Return, are null and 
void as in conflict with the equal protection clause 
of the Fourteenth Amendment to the Constitution 
of the United States, so far as the same purport 
to require, or otherwise justify respondent’s ex­
cluding relator from registering for or being ad­
mitted to graduate work in journalism in the Uni­
versity solely on the ground of race or color.

4. She admits the existence of Section 3, 
Article XI, and Section 5, Article XI of the State 
Constitution; Section 9216 R. S. Mo., 1929, and 
Article 19, Chapter 57, R. S. Mo., 1929, as set



35

forth in paragraphs 9 to 12 inclusive of the Re­
turn. She is advised by counsel that the inter­
pretation of said Section and Articles is a ques­
tion of law for the Court and that she is not 
called on to affirm or deny any purported inter­
pretation of same by respondent, and refrains 
therefrom. She says that for the reasons set 
forth in the preceding paragraph each of said 
Sections and Articles is null and void as in con­
flict with the equal protection clause of the Four­
teenth Amendment to the Constitution of the 
United States in so far as it purports to require, 
or justify her exclusion from graduate work in 
journalism in the University of Missouri solely 
on the ground of race or color.

5. She admits the existence of the act of 
May 4, 1939 (Laws 1939, p. 685) amending Sec­
tion 9618, R. S. Mo., 1929, and says that the Board 
of Curators after specifically considering the in­
auguration of graduate work in journalism at the 
present time has found itself unable in respect 
to plant, faculty, equipment, financial resources 
or other means to inaugurate graduate work in 
journalism at the present time.

6. She admits the existence of the act ap­
propriating $200,000 for the use of the Board of 
Curators of Lincoln University in employing ad­
ditional teachers and instructors and the pur­
chases of necessary equipment for the purpose of 
opening new departments. (Laws 1939, p. 78). 
She states that the Board of Curators of Lincoln 
University has not added any teachers or instruc­
tors qualified to teach graduate courses in jour-



36

nalism, lias not purchased any equipment and does 
not own or control any equipment suitable or 
adequate for graduate work in journalism; and 
at the present time has allocated or otherwise 
obligated all of said appropriation without em­
ploying teachers or purchasing equipment for 
graduate work in journalism, has neither the 
teachers nor equipment for graduate work in jour­
nalism, and cannot get the same.

7. She denies each allegation in paragraph
16 of the Return.

8. She denies each allegation in paragraph
17 of the Return.

9. She admits the Curators of the Univer­
sity of Missouri individually take an oath to sup­
port the constitution of Missouri and faithfully 
demean themselves in office. She states they al­
so individually take an oath to support the Con­
stitution of the United States and the Amendments 
thereto; and that they do not faithfully demean 
themselves in office but violate their oath to sup­
port the Constitution of the United States and the 
Amendments thereto by requiring or approving 
the act of respondent in barring her from gradu­
ate work in journalism, in refusing to issue her 
a permit to register and in refusing to register 
her in the Graduate School of the University of 
Missouri for graduate work in journalism solely 
on the ground of her race or color. She denies 
each allegation of paragraph 18 of the Return 
not specifically admitted herein.

10. She denies each allegation of paragraph 
19 of the Return.



37

III.

11. She denies each allegation of paragraph 
20 of the Return. She further states that she 
has not waived or forfeited her right to have re­
spondent issue her a permit to register and to 
register in the Graduate School of the Univer­
sity of Missouri for graduate work in journalism, 
and insists on her constitutional rights under the 
equal protection clause of the Fourteenth Amend­
ment to the Constitution of the United States be­
ing respected and honored by respondent in his 
capacity as a state officer, to-wit the Registrar 
of the University of Missouri having charge of 
all matters governing registration of students in 
all Schools and Departments of the University of 
Missouri at Columbia.

IV.

12. As to paragraphs and allegations con­
tained in respondent’s return that deny corres­
ponding allegations in the petition and alterna­
tive writ filed and issued herein, relator joins is­
sue.

S. R. Redmond 
Henry D. E spy 
John A. Davis 
Charles H. H ouston

Attorneys for Relator.



38

Thereafter in due time, during the October 
Term, 1939, of said Court, respondents filed their 
reply to relator’s reply to respondents’ return, 
which reply, omitting caption, is as follows:

RESPONDENT’S REPLY TO RELATOR’S 
REPLY TO RESPONDENT’S RETURN

Now comes the respondent S. W. Canada, 
Registrar of the University of Missouri, and for 
his reply to the relator’s reply to respondent’s 
return to the alternative writ of mandamus, re­
spondent states:

1. Respondent denies that the Missouri Con­
stitution, laws and public policy requiring a sep­
aration of the races for the purposes of educa­
tion and which prohibit the admission of relator 
(a Negro) as a student in the University of Mis­
souri are null and void as in conflict with the 
equal protection clause of the Fourteenth Amend­
ment to the Constitution of the United States.

2. Respondent denies any knowledge or in­
formation thereof sufficient to form a belief as 
to the allegation that the Board of Curators of 
Lincoln University after specifically considering 
the inauguration of graduate work in journalism 
at the present time has found itself unable in 
respect to plant, faculty, equipment, financial re­
sources or other means to inaugurate graduate 
work in journalism at the present time, and there­
fore respondent denies that the Board of Cura­
tors of Lincoln University after specifically con­
sidering the inauguration of graduate work in jour­
nalism at the present time has found itself unable



39

in respect to plant, faculty, equipment, financial 
resources or other means to inaugurate graduate 
work in journalism at the present time.

3. Respondent denies that he has any 
knowledge or information thereof sufficient to 
form a belief as to the allegation that the Board 
of Curators of Lincoln University has not added 
any teachers or instructors qualified to teach grad­
uate courses of journalism, has not purchased any 
equipment and does not own or control any equip­
ment suitable or adequate for graduate work in 
journalism; and at the present time has allocated 
or otherwise obligated all of said appropriation 
without employing teachers or purchasing equip­
ment for graduate work in journalism, has neither 
the teachers nor equipment for graduate work in 
journalism, and cannot get the same, and there­
fore respondent denies the allegation that the 
Board of Curators of Lincoln University has not 
added any teachers or instructors qualified to teach 
graduate courses of journalism, has not purchased 
any equipment and does not own or control any 
equipment suitable or adequate for graduate work 
in journalism; and at the present time has al­
located or otherwise obligated all of said ap­
propriation without employing teachers or pur­
chasing equipment for graduate work in journal­
ism, has neither the teachers nor equipment for 
graduate work in journalism, and cannot get the 
same.

4. Respondent denies that the Board of Cur­
ators of the University of Missouri have violated 
their oath to support the Constitution of the



40

United States by requiring or approving a re­
fusal to admit relator in the graduate school of 
the University of Missouri for graduate work in 
journalism.

5. Respondent denies that relator ever had 
any right to have respondent issue her a permit 
to register and to register in the graduate school 
of the University of Missouri for graduate work 
in journalism, and therefore denies that relator 
“ has not waived or forfeited”  such alleged right. 
Respondent denies that in his capacity as Regis­
trar of the University of Missouri he is a state 
officer and denies that he has charge of all mat­
ters governing registration of students in all 
schools and departments of the University of 
Alissouri at Columbia.

WHEREFORE, having fully replied, respon­
dent prays the judgment of the court as heretofore 
prayed in his return to the alternative writ of 
mandamus herein.

Rubey M. H elen 
K enneth Teasdale 
W. S. H ogsett

Attorneys for Respondent.

TRIAL, SUBMISSION, AND JUDGMENT

And thereafter at the January Term, 1940, of 
said Court, on February 9th, 1940, said cause being 
called for trial, and all parties appearing ready for 
trial, said cause was tried before the Hon. W. M. 
Dinwiddie, Judge of said Court.



41

And thereafter at the conclusion of said trial, 
said cause Avas submitted and taken under advise­
ment by the Court; and later on the 31st day of 
May, 1940, the same being one of the days of the 
next succeeding term of this Court, to-wit: the 
April, 1940 Term, the Court found for the re­
spondents and duly entered judgment for the re­
spondents and against appellant and denied the 
peremptory Avrit. Said judgment is in words and 
figures as follows:

JUDGMENT AND ENTRY

Now on this 31st day of May, 1940, at the April 
Term, 1940, come the parties by their attorneys of 
record, and the Court having heretofore heard 
the evidence and the argument of counsel, and £he 
case having been tried, submitted and taken under 
advisement for the filing of briefs by the respective 
parties, and the Court noAV being fully advised in 
the premises doth now find the issues herein in 
favor of the respondent and against the relator.

WHEREFORE, it is by the Court considered, 
ordered and adjudged that the relator Lucile Blu- 
ford take nothing by her Avrit herein; that relator 
is not entitled to any relief prayed herein, and is 
not entitled to a writ of mandamus against the re­
spondent herein; and that the alternative Avrit of 
mandamus herein be, and the same is now hereby 
quashed, set aside and for naught held; and that 
this suit he and the same is now hereby dismissed, 
and that respondent go hence discharged without 
day, and recover from relator his costs herein, and 
that execution issue therefor.



42

MOTION FOR REHEARING FILED

And thereafter within four days after the judg­
ment and decree herein and during the April Term 
of Court, on May 31, 1940, relator filed her motion 
for rehearing in said cause.

MOTION FOR REHEARING OVERRULED

And thereafter on the same day during the 
same term, 1940, of said Court, the Court over­
ruled appellant’s motion for a rehearing.

AFFIDAVIT AND APPEAL FILED

And thereafter during the said April Term, 
on May 31, 1940, appellant filed an affidavit for 
an appeal in said cause and said appellant was 
granted an appeal to the Supreme Court of Mis­
souri.

BILL OF EXCEPTIONS FILED

And thereafter within the time allowed by law 
and by rule of the Supreme Court of Missouri, 
appellant duly presented her bill of exceptions in 
said cause June 7, 1940, one of the days of the 
regular April Term, which said bill of exceptions 
has been duly filed, sealed and allowed by Hon.



43

TV. M. Dimviddie, Judge of said Court, the same 
was filed and made a part of the record in said 
cause. The bill of exceptions so filed and made a 
part of the record in said cause is in words and 
figures, omitting caption, as follows:

BILL OF EXCEPTIONS 

(Caption Omitted)

BE IT REMEMBERED, That on Friday, the 
9th day of February, 1940, same being one of the 
days of the regular January, 1940, term of the 
Circuit Court of the County of Boone, State of 
Missouri, begun and holden at the City of Columbia, 
the above entitled cause came regularly on to be 
heard and tried upon the issues theretofore joined 
therein before the Honorable W. M. Dinwiddie, 
Judge of said Court; whereupon, the following pro­
ceedings were had, herein, to-wit:

APPEARANCES:

Messrs. Charles H. Houston, of Washington, 
D. C., and S. R. Redmond, Henry D. Espy and John 
A. Davis, of St. Louis, Missouri, appeared as 
counsel for Relator. The relator, Lucile Bluford, 
was also present, in person.

Messrs. W. S. Hogsett, of the firm of Hogsett, 
Murray, Trippe, Depping & Houts, Kansas City, 
Missouri; Kenneth Teasdale, of St. Louis, Missouri; 
and Rubey M. Hulen, of the firm of Cave & Hulen, 
(now Hulen & Sappington), Columbia, Missouri, 
appeared as counsel for Respondent. The re-



44

spondent, S. W. Canada, was also present, in per­
son.

Mr. Houston made a statement to the Court on 
behalf of relator.

Mr. Hogsett made a statement to the Court on 
behalf of respondent.

RELATOR’S EVIDENCE

The relator, to maintain the issues on her part 
to be maintained, offered and introduced evidence 
as follows, to-wit:

LUCILE BLUFORD, being called as a witness, 
was duly produced, sworn and examined, 
testifying as follows, to-wit:

•

Direct Examination of Lucile Bluford 
by Mr. Houston

Q. State your full name. A. Lucile Harris 
Bluford.

Q. Your residence? A. 2444 Montgall Ave­
nue, Kansas City, Missouri.

Q. State the place of your birth, and date. 
A. I was born in Salisbury, North Carolina, July 
1st, 1911.

Q. Your parents? A. John H. Bluford and 
Viola Harris Bluford.

Q. When did you move to Missouri? A. I 
moved to Missouri when I was ten years old.

Q. Why? A. My father moved to Kansas 
City, Missouri, when he obtained a job giving him



45

more earning power. He moved to Kansas City 
also to give his three children—my two brothers 
and myself,—an opportunity to secure a better edu­
cation in the west, rather than in the south where 
we would be subjected to outrages and the animus 
of the prejudices which then prevailed in the south.

Q. How long have you lived at Kansas City? 
A, Since I was ten years old,—eighteen years.

Q. Your education at Kansas City has been 
what? A. Grammar school,—Wendell Phillips,— 
and high school,—Lincoln High School.

Mr. Houston: At this point, I will ask for 
Miss Bluford’s transfer from Kansas University.

(Note: A paper was produced by Mr. Can­
ada.)

Q. (By Mr. Houston) You mention Wendell 
Phillips Grammar School and Lincoln High School, 
in Kansas City; are they attended by Negroes, so 
far as you know, exclusively? A. Yes, they are.

Q. I wall ask you to look at this transcript— 
which I will ask the reporter to mark for identifi­
cation, at this point,—

(Note: Same was marked by reporter as Re­
lator’s Exhibit A.)

Mr. Houston: (Continuing) I will ask you
to look at this transcript and see if you see nota­
tion of the high school on the transcript? A. (Ex­
amining Exhibit A) I see “ Lincoln High School”  
here, Kansas City, Missouri, 1928.

Q. Is there any other high school called 
“ Lincoln High School”  in Kansas City, other than 
the high school attended by Negro students? A. 
No.



46

Q. After leaving Kansas City Lincoln High 
School, where did you go, to college? A. Uni­
versity of Kansas, at Lawrence.

Q. Why did you go to the University of 
Kansas, and what did you go there for? A. I 
wanted to study Journalism, and I had been work­
ing on the high school paper and had become inter­
ested in Journalism then. Kansas had a reputable 
School of Journalism, which compared favorably 
with the one at the University of Missouri, which I 
would like to have gone to at that time.

Q. Why didn’t you go to the University of 
Missouri? A. The policy of the University was 
not to admit Negro students. That was common 
knowledge. I knew that.

Q. Does your father own property in Kansas 
City? A. He owns the residence where we live.

Q. Did he owm it at the time you were going 
to high school? A. Yes, he has owned it ever 
since we have lived in Kansas City.

Mr. Houston: At this time I want to go into 
Miss Bluford’s family background just a bit, and 
I think it is important for this reason, Your Honor: 
I want to state this for the record,—the position in 
this case, as well as in the Gaines case is that this 
is not an individual movement, in essence, on part 
of a Negro girl, but part of a ground swell or up­
surge. We are now in the fourth generation of 
education for Negroes, as shown to the Supreme 
Court in the Gaines case and I want to establish 
that in this case.

Q. Your father does what? A. He teaches 
school at Lincoln School.

Q. Is he a college graduate? A. He is a



47

graduate from Howard University and he did grad­
uate work at Cornell.

Q. Your mother,—was she a college graduate? 
A. She is a graduate from Oberlin College.

Q. Your two brothers? A. My two broth­
ers graduated from the University of Kansas,—one 
finished at the School of Business Administration 
and the other at the School of Engineering.

Q. Who was the brother who finished at the 
School of Business Administration? A. John 
Bluford, Jr. He is now in Memphis, Tennessee.

Q. What work has he? A. Manager of the 
Supreme Liberty Life Insurance Company.

Q. Your other brother? A. He is at the 
head of the Mechanical Arts Department in Alcorn 
College, Alcorn, Mississippi.

Q. Are you a taxpayer in Missouri? A. Yes, 
I pay personal taxes, county and city.

Q. Have you a car? A. Yes.
Q. Do you pay taxes on that? A. Yes, of 

course.
Q. Did you receive a scholarship from the 

State of Missouri? A. I received tuition aid for 
three years,—in sophomore, junior and senior 
years, Kansas University.

Q. Did you receive it your first year? A. 
No, I didn’t.

Q. Why? A. Because the law read that tu­
ition was to be paid only for those courses offered 
at the University of Missouri and not offered at 
Lincoln University. The subjects that I took as a 
freshman at K. U. were in the College of Liberal 
Arts, which were offered at Lincoln University, and 
the students could not enter the School or College



48

of Journalism until they were sophomores.
Q. In the Department of Journalism at Kan­

sas University what were your newspaper ex­
periences? A. I was a member of the staff of 
the University Daily Kansan, the official Univers­
ity publication, for three years, the three years I 
was in the Department of Journalism. During the 
first year, I was a reporter. The second year, a 
copy reader in the editing class and then during 
the third and fourth years, I served on the staff 
of the Kansan proper in four capacities: first, as 
exchange editor; next, telegraph editor; then as 
society editor, and next as night editor.

Q. Did you have any unpleasant experiences 
while there, with the students or anybody else? A. 
None whatever. The relationship with the students 
was very friendly and cordial, throughout my school 
career.

Q. You graduated when? A. In June, 1932.
Mr. Houston: At this point, I should like to 

introduce, Your Honor, Exhibit A, the transcript 
from the University of Kansas, showing she was 
awarded the Bachelor of Arts degree there. It 
has been marked as Exhibit A.

The Court: Admitted.

(Note: Said Relator’s Exhibit A is as fol­
lows:)

EXHIBIT A 

(See Photostat)



7
V t f L

THE UNIVERSITY OF KANSAS
LAWRENCE, KANSAS

Official transcript of tbs 
L Attx.vdancx:

OFFICE OF THE REGISTRAR

tema.Mm&.jmm................... ........... .....................
«r 15. 192#................... _to__C slU tt. at lib e ra l Art*......
.   — n w t fo  .............X    quartan—............. . X  

l ? 3 2 ................................ Dtp*. B achelorof Art*
CHaduate of the gttlTWtlty. of Im m i-------------------------- ----------

withdrew voluntarily and is hereby granted Honorabl* D itm iual

III. E ntrance U n its ; From.

ScaiBcr Dims Sraiscr Uvm gUB/BCT Uwrm Bq v w t Dsns

~ 5 Commercial L a w .

i

i / i / C i v i c * .............. i M u m . Y O W O . 4 M ethods and M gt
3 Man. Training Shorthand.
l j , E conom ics........................
l I r e r t U s . . . 1

i Sowing 1
1 Cooking l
i Ptiyo. Tr*. ..1

Physiology

M od. European Hist— i d Agriculture ____ Com . G eography........... Total x s $

How admitted................

IV. U N iv m a iT T  C u d i t b :

Ab »  regular  Btadsot

Tsra DESCRIPTIVE TITLE AND NUMBER OP THE COURSES B r a .  B o o m OSADS Yaui

r »  n Rhetoric 11) ^ 2 A 1928
Elementary Trench 1 ^ 5 A
Algebra 2a S ' 3 B
Contemporary American Hlatory 6 5 C
b e rc le e  1 - C
Hygiene 20 - A

Spring
\

Hhetorlc 2a 3 B 1929
Trend) Beading and Oramaar 2 5 B
The tir in g  Plant 1 5 B
Analytical Oeometry Ua 2 B
Xxerclae 2 - 0

yreahman Honor B ell, 1928-'29

T ell Reporting I 1 3 B 1929
Introduction to lee(paper 11 2 B
Elements o f  Sociology 1 5 B
Psychology X / ? C

Janaary 13
»i*e 0 . Tester



*



• •
EXPLANATION

I. Status:
An undergraduate student who withdraws from the University o f Kansas is either—

(a) In good standing; or (e) Dropped, for poor scholarship; or
(b) On probation; or (d) Dismissed for misconduct.

(a) A student in good standing is entitled to honorable dismissal in every sense of the word. He is eligible to continue his 
course in the University of Kansas whenever he may choose to do so. No separate letter of honorable dismissal is issued 
by this institution.

(b) In the School of Engineering, a student who fails to complete with grade of " C "  or better right hours of the work in 
which he is enrolled in any semester, is placed on probation. If, in the following semester, be again fails to complete 
right hours of work with a “ C ”  or better, be is dropped from school for the period of a semester. Following that time 
he mav be readmitted on probation. A student failing in H  of the work of a semester may be dropped without a period 
of probation.

In the School of Law, whenever a student has received a grade of " D ”  or leas in fifty per cent or more of the work 
taken in any semester and in his last preceding semester, he will be placed on probation but will be suspended from school 
for one semester at the end of any subsequent semester in which he fails to make a grade of “ C "  or better In fifty per 
cent of the work taken.

(c) In the School of Business, students failing in 35 per cent or more of the work for which they receive grades at the end of 
the semester will be suspended from the school for the succeding semester.

8tudents in the College, the School of Fine Arts, the School of Medicine and the School erf Pharmacy, failing in oyer 
forty per cent of the work few which they receive grades at the end of the semester are dropped from the University for 
one semester, and must receive a reinstatement from the dean of the respective school before being permitted to re-register 
or re-enroll.

(d) A student is dismissed only for disciplinary reasons as stated in each case. Dismissal may be either permanent or for a 
limited period, as specified.

II. E n t s a n c b :

An admitted student is either:
(a) A regular student, one who has satisfied in full all the requirements for admission to a oourse leading to a degree; or
(b) A special student, one who, bring twenty-one years of age and having given evidence of ability to carry one or more 

branches of study, is permitted by the dean or faculty oommittee of the respective school to take work without having 
met the regular entrance requirements. A special student is not a candidate for a degree.

(e) An advanced standing student, one who is admitted witMuivanced standing from some other institution, such advanced 
standing bring entirely provisional until the student has completed a year’s work satisfactory to the dean of the school 
concerned. Advanced standing credits may be withdrawn f t  any time if the student fails to do satisfactory work and 
are not recorded on the Registrar's permanent record until definitely accepted by the dean of the school in which the 
student is enrolled.

III. Univbbs itt C redits and Scholarship Ratings:
A semester hour is the work of a class meeting one hour s  week for 18 weeks, or the equivalent In laboratory or shop.

For grading system:
I—90-IOC

11-80-90
III—70-80

C— Conditional 
Nx— Not examined 

F— Failure

Grading system (since the fall of 1917):
A— Excellent I— Incomplete . . .  ,
B Very good Wd— Withdrawn from class with a passing grade at the time o f withdrawal
C— Good F— Failure
D—Passing

Graduate 8chool grading system (prior to fall 1928):
A—Excellent C— Passing
B— Good D  and F— Both Failure

Graduate School grading system (beginning with 1928-29):
A— Excellent C -C ie d it
B— Good D  or F— Failure
S—Satisfactory (AorB)
(  )  credits not transferable from__________________ .School to------------------- ---------School: or hours not oounted toward

graduation because of Failure or Incomplete; or because the course was used for entrance credit; or withdrew from the count 
without finishing it.

“ I "  or " F ”  followed by a grade and date Indicates work repeated, completed or lapsed into Failure.
IV. C om as N u m b e r s :

Prior to 1928:
1— 49, courses open to freshmen and sophomores.

50—99, courses open to juniors and seniors.
100—200, oounes open to graduates.

After 1928: 
l — 49,e 

5 0 -9 9 , c 
100-199, 
200—299, 
800— 399,

•pen to freshmen end 
•pen to juniors and se 
open to juniors, seniors 
open to seniors and 
open to graduates.





Sheet No... 2

THE UNIVERSITY OF KANSAS

OFFICE OF THE REGISTRAR

Official Transcript of the Record of_____ XU.CIUE...HARRIS BMITOBD.

T erm Descriptive Title and Number op the Courses 8 em. Hours Grade Year
Tall Exercise 1 - 0 1929

Spring English Literature 10 ^ 2 c 1930Reporting 2 AModern French Writers 3 * 5 BFrench Composition U ( BAmerican Government 10 P 5 BExerclee 4 C
Fall English Literature 11 3 B 1930Editing X 150 2 AFeature Writing l60 2 BThe Editorial I 170 3 BState Government 111 ^ 3 B

Educational Psycholo^k’50 (Education) 3 B
Spring Shakespeare Rapid Reading 82 3 B 1931Editing II 151 2 BElements of Advertising 180 3 0Principles of Economics 90 5 •cElementary Ethics 15 2 A
Fall The Editorial II 171 3 A 1931History of American Journalism 19t 2 ALa* of the Press ig4 2 A

International Relations l64 3 BHistory of Philosophy 170 3 BHistory and Literature of the Blhle 3 B
Spring Essay Writing 157 2 B 1932Prose Invention 158 2 BShort Story 163 3 ANewspaper Administration 184 2 ASocialism 157 3 AGovernments of Europe 12

----------------------------------------- /LZ_________ _

5 A

January 1J
xb<........ .....1930

Oeorga 6 . Tos Registrar.





49

Mr. Houston: Q. At Kansas University, 
did any question come up in regard to your 
admission to a national journalism honor society? 
A. A question came up after I had been elected 
to membership. Four of us in the class were 
elected to membership,—three white gentlemen stu­
dents and myself. The date was set for the pledge 
service but before the pledge service was held the 
local chapter received word, or communicated with 
the national office regarding the pledging of a 
Negro student and the national organization ad­
vised the local chapter that it would probably be 
better if a Negro student were not pledged mem­
bership in the Association,—that in later years 
might produce embarrassment. That was the ex­
cuse they gave.

Mr. Houston: At this state, I would like to 
have identified, for purposes of the record, the 
notations on the transcript of Miss Bluford and 
would like to have a letter of Dean Martin to Miss 
Brown dated, I think, January 24th, 1939.

(Note: A  paper was produced by Mr. Can­
ada, and handed to counsel for relator.)

Mr. Houston: Will you identify those marks 
on there?

Mr. Hogsett: I suggest this, Mr. Houston:
that you just have this record taken and photo­
static copy made of this exhibit. The whole thing
is there exactly—

Mr. Houston: You misunderstand me. There 
are some notations on there that are cryptic.

Mr. Hogsett: I can read here “ good” .
Mr. Houston: That is “ grad.”
Mr. Hogsett: Well, yes, that is correct.



50

Whenever you get somebody on the stand who 
can identify them, let them do it.

Mr. Houston: All right. Just hold that.
Q. You say that after you graduated you 

went to the Atlanta World. Was there any char­
acteristic, distinguishing characteristic, about the 
Atlanta World, so far as Negro papers are con­
cerned? A. The Atlanta World is the only daily 
Negro paper published in America.

Q. In October, 1932, you came to the Kan­
sas City Call—is that correct? A. That is cor­
rect.

Q. On the Kansas City Call, detail the 
various positions that you held. A. When I 
came to the Call, in October, 1932, I began as a 
police court reporter. On Negro papers, we don’t 
confine ourselves to one specialized department of 
work. Many times, I read proof, made special 
assignments on interviews and read copy in the 
office, helped lay out pages, and that type of 
thing. Three years later, I was made Assistant 
News Editor, and in 1937, as assistant news edi­
tor, when the managing editor left the city, which 
he did frequently on football trips,—he was a 
football expert,—I had charge of making up the 
paper in his absence. In 1937, when our manag­
ing editor left the Call, I was promoted to his 
position as managing editor and have served in 
that capacity since.

Q. Have you discovered any deficiencies in 
your preparation or experience in your position 
as managing editor? A. Yes, I have. My train­
ing at K. U. was mainly as a reporter and copy



51

reader. I had no training at all in the managing 
of a department of a paper or in the direction 
of reporters or in the long range coverage of 
events. As managing editor, now, it is my re­
sponsibility to be in touch with all news happen­
ings throughout the country,—we circulate in 
cities all over the country,—and every week I 
must know where to look or where to put my 
finger upon persons who can supply me with news 
for the week. We have correspondents scattered 
over the country, and in addition to covering our 
news nationally and locally, I am responsible for 
the production of five editions weekly. We are 
a weekly paper and circulate once a week in any 
particular town, but for the benefit of cities in 
far away southern states we publish a special 
national edition on Tuesday. We publish another 
national edition on Wednesday, which circulates 
in the smallers towns of Kansas and Missouri. 
Then we publish a separate Texas edition which 
circulates in that state, and we publish a St. Louis 
Call, which is published in our plant and cir­
culated by staff members affiliated with us.

Q. What is the circulation of the Calif A, 
Ihe circulation of the Call, the four editions, 
exclusive of the St. Louis Call, is about twenty 
thousand.

Q. Is that a certified audit circulation f A. 
It is audited by the Audit Bureau of Circulation 
which audits the circulation of all newspapers in 
the country.

Q. Are those figures accepted by newspapers 
and advertisers as being accurate f A. They are.



52

They are the only reliable agency on that.
Q. You mentioned that you have five separ­

ate editions a week on the Call? A. Five 
separate editions, except the St. Louis Call, which 
is a separate paper but it is printed—

Q. It is run by the Kansas City Call? 
A. That is right,—by members of the same staff.

Q. Do you have responsibility for making up 
the various papers? A. Not only for the cov­
erage of the papers, but the correct writing and 
editing of the news, the make-up of the pages, 
responsibility for seeing that we are on the press 
in time and make our mail schedules, and that 
type of thing.

Q. State for the record whether all those 
five editions are complete, separate, papers or 
whether there is a certain common number of 
pages which are used throughout several of these 
five editions. A. On the first national edition, 
which goes on Tuesday, we make up twenty-four 
new pages. On our second national edition, which 
goes to press on Wednesday, we change about ten 
pages,—put in ten new pages for Kansas, and 
Missouri and take out ten pages which have been 
distributed in other states. In our Texas edition, 
we change about four pages,—which are full of 
Texas news. The St. Louis Call is a completely 
new paper,—the city edition is a completely new 
paper, varying from sixteen to twenty pages.

Q. I want to get from you a little informa­
tion about the Negro press in general. What is 
the justification for a Negro press, anyway? A. 
The Negro newspapers began long before the



53

Civil War. They began before freedom as little 
two page sheets which were printed in the north 
and fought for the freedom of the Negro. After 
freedom and after the Civil War, there was an­
other stage of Negro newspapers which—with free­
dom came a need for more Negro papers. Negroes 
became more literate and newspapers sprang up 
like mushrooms, lasted two or three months and 
then they died. They were not managed by people 
who were trained, or were managed by people just 
having a desire to have a newspaper. Following 
the World War, when the Negro became more lit­
erate and more educated and hence, his economic 
condition became improved, there was a general 
improvement in Negro papers. Negro papers are 
recognized as a real business for the first time. 
The justification for a Negro press is this: The 
white press, the daily newspaper, has not paid 
much strict attention to the coverage of Negro 
news. The Negro paper exists to print and play 
up the achievements of Negroes which would not 
receive publicity otherwise. For instance, the 
white press very seldom prints plays and the 
accomplishments and achievements of Negroes and 
it is our duty not only to cover our own achieve­
ments and happenings, but we also interpret Negro 
life to our own people, and to white persons, as 
well.

Q. Do the Negro papers in general, and the 
Kansas City Call in particular, have any white 
readers? A. We have a large number of white 
readers. We have some subscribers and our paper 
—we exchange papers with the white press in 
Kansas City. We are circulating on public news



54

stands in Kansas City and our newsboys sell pa­
pers on the downtown streets on Friday mornings. 
Our paper is read quite widely by social workers, 
members of juvenile court staffs, and persons 
interested in learning the problems of the whole 
community.

Q. The Negro newspaper not only serves its 
own people, by giving news, but it serves as an 
interpreter of the Negro to the white population,— 
is that true? A. Yes,—from reading Negro 
newspapers white people learn facts and interpre­
tations of Negroes that they would not be able 
to learn from the white press.

Q. Does the Negro press come into competi­
tion with the white press? A. In the last ten or 
fifteen years, competition with the white press 
has become—is increasing more and more, for 
this reason: Negroes—the Negro population is 
being—the merchant advertiser is looking upon 
the Negro as a growing market. Heretofore, the 
Negro’s economic condition has been such that he 
has not been a good market for goods. With much 
improved economic condition, Negro papers—I 
will put it this way; There was a time when 
Negro newspapers were in a little secluded spot, 
absolutely away from the white press. At that 
time, most of the advertising we received was 
good will advertising.

Q. What do you mean by that? A. They 
were not expected to produce results in the way 
of returns,—they were just given to us. But 
now, with the coming of the depression, and with 
the realization that the Negro has a large buying 
power and is a productive market, the white press



55

is competing with the Negro press for the pat­
ronage of the Negroes. They tell advertisers that 
Negroes read the daily papers,—“ therefore, when 
you advertise in our daily paper you are reach­
ing the Negro market.”  They say that we have 
no pulling power for the Negro market. Our hope 
is to have such a pull that advertisers will adver­
tise in our paper,— and unless our advertising 
does pull and produce results, we will not get 
the advertising.

Q. Twenty-four pages of “ Call”  costs its 
readers how much? A. Ten cents.

Q. The Kansas City Star costs its readers 
how much? A. Two cents, for forty pages or 
more,—any number of pages.

Q. Does the white daily have any advantage 
over the Negro weekly, so far as pulling power is 
concerned? A. Well, the white press reaches its 
readers seven times a week, or fourteen times a 
week,—when they publish two papers a day,—and 
we reach our readers only once a week. There­
fore we are definitely under a handicap, when our 
reader sees our paper only once in comparison 
with seven times that he sees the daily paper.

Q. Therefore, what must the staff of a Negro 
paper be as to scholarship and ability, in com­
parison with the white papers? A. It must be 
as good or better than the staff on the white 
daily, because our product must be as good or 
better than that of the white paper,—at least as 
good as on the smaller white papers.

Q. How many states does the Call purport 
to cover? A. Our natural area is the southwest,



56

—about fifteen states, I would say.
Q. And the Negro population of those fif­

teen states, exclusive of the white population, is 
approximately what? A, About three million.

Q. As to that three million population, con­
sidering Negroes oidy, your total circulation aver­
ages how much? A. Our total circulation a week 
is about 20,000, but considering that four or five 
people read ouch paper, we proably reach about
100.000 readers.

Q. Do you think that the (Jail, having a cir­
culation of 20,000 and reaching 100,000 readers, 
covers the field of these fifteen states, which have 
a Negro population, alone, of throe million? A. 
No, 1 have always full that we arc merely 
scratching the surface. We do not cover our field. 
We have a virgin field in the states of the south­
west and arc just scratching the surface, to sell 
only 20,000 papers a week.

Q. Can you give any reasons for selling only
20.000 papers a week? A. We sell only 20,000 
papers a week,— I feel if I, or if we had persons 
trained in Journalism scattered in the cities 
throughout the southwestern states, trained in 
building circulation and the gathering of our news, 
and persons in the office who could direct pro­
motional campaigns for additional coverage, we 
would do a better job of news coverage and cir­
culation.

Q. Now as to the staffs trained in Journal­
ism that are available,—are there enough Negroes 
trained in Journalism to cover the field for Negro 
newspapers? A. There are very few trained



57

Negro journalists. If all the Negro journalists— 
well, there are not enough in the world available 
to supply the need in the Negro journalistic field.

Q. In your present preparation and experi­
ence, do you feel that you are capable of directing 
these correspondents in fifteen states as you would 
be able to do if you had proper graduate training? 
A. That is the very reason 1 want to go the 
Missouri University School of .Journalism,- be­
cause I I'eel that there I would got actual experi­
ence in working on the Columbia Missourian,— 
1 feel that I would get there the very training I 
need to direct our correspondents and improve the 
(nil.

(,J. When did you first fed that need for 
graduate training in Journalism! A. I first felt 
the need about two years after I finished school, 
but very, very keenly Imvo 1 fell the need since 
I have been made managing editor. Our circu­
lation lias not increased very much since 1 have 
been in this capacity, and I feel it is duo to the 
depression and due to my inability, I think, and 
my lack of training and experience in promotion 
and in management. I feel that at the University 
of Missouri I could get the training that I need.

Q. Now why do you so emphasize the Uni­
versity of Missouri School of Journalism? A. 
The University of Missouri School of Journalism 
is the oldest and is considered one of the best, if 
not the best School of Journalism in the country.

Q. Does it have any distinguishing features? 
A. It is the only School of Journalism which has 
its this paper, where the paper is edited and



58

published by the students and circulated in the 
city. Most papers at such schools circulate only 
on the campus. But here you have a real life situ­
ation, in that the students gather and edit the 
news, sell the advertising, and take care of the cir­
culation. It is actually circulated in the city of 
Columbia.

Q. It is a city newspaper, as distinguished 
from a campus newspaper, is that right? A. Yes, 
sir.

Q. Have you seen that plant? A. Yes, I  
have seen the plant.

Q. How does it compare with the plant at 
the Call? A. It compares rather favorably. 
They have the same type of press, and about the 
same number of linotypes. It is equivalent to the 
Call.

Q. Have you been to Lincoln University, and 
have you seen what they have? A. Yes, they 
have a printing department over there.

Q. What have they over there? A. They 
have two job presses, two linotype machines and 
enough type for job work.

Q. Who is in charge of the printing depart­
ment over there? A. A young Tuskegee gradu­
ate,—James Brown.

Q. Did he ever work under you? A. He 
worked on the Call in the mechanical department 
as a linotype operator.

Q. Is that plant at Lincoln University a 
printing plant or a newspaper plant? A. It is 
a printing plant.

Q. The plant at the University of Missouri; 
is that a newspaper plant or a printing plant?



59

A. That is a newspaper plant.
Q. Do you know anything about the library 

at the School of Journalism, University of Mis­
souri? A. That library is one of the outstand­
ing journalistic libraries in the country. They 
have over five thousand volumes of books, and 
daily receive over three hundred periodicals from 
.all over the country.

Q. Have you ever been in the library room 
and looked around? A. Yes, I have been in the 
library room.

Q. Is that the type of equipment that is re­
quired for graduate work? A. I think it would 
be an adequate place for research in Journalism 
graduate work.

Q. Does Lincoln University have similar 
equipment? A. They do not have over there 
even a building for a library. The library is 
housed in another room of the administration 
building.

Q. What about the faculty of the University 
of Missouri School of Journalism. A. The 
faculty of the University of Missouri School of 
Journalism is one of the best in the country. They 
have their Bachelor’s and Master’s and Ph. D. 
degrees. Most of them are graduates of the Uni­
versity of Missouri School of Journalism, which 
shows how high the University of Missouri School 
of Journalism is ranked, inasmuch as their own 
graduates are members of the faculty.

Q. Do you know whether anybody at Lincoln 
University teaches Journalism? A. Not to my 
knowledge.



60

Q. When did you first actually consider go­
ing to the University and applying to the Univer­
sity of Missouri for graduate work in Journalism? 
A. After the Supreme Court handed down the 
decision in the Caines case, in December, 1938.

Q. I show you a letter, or document, and ask 
you if you can identify that? A. This is a letter 
that I wrote to the Registrar’s office, at the Uni­
versity, asking for a catalogue and application 
blank.

(Note: Said paper was marked by the re­
porter as Relator’s Exhibit B, and was then read 
to the Court by Mr. Houston, being as follows, 
to-wit:)

RELATOR’S EXHIBIT B

2444 Montgall Ave.,
Kansas City, Mo.
January 4, 1939.

Registrar
University of Missouri 
Columbia, Mo.

Dear Sir: Please send me at once an appli­
cation blank and a catalog of the University of 
Missouri.

I plan to enter the School of Journalism for an 
M. A. degree at the second semester.

Lucile Bluford,
2444 Montgall Ave.,
Kansas City, Mo.

(Rubber Stamp: Jan. 6, 1939.)



61

(Note: Mr. Houston requested and obtained 
another paper from Mr. Canada’s file.)

Mr. Houston: On January 10, 1939, Mr. Can­
ada replied to Miss Bluford as follows: (Reading
from paper now marked by reporter as Relator’s 
Exhibit C.)

RELATOR’S EXHIBIT C

UNIVERSITY OF MISSOURI 
C O L U M B I A  
January 10, 1939.

Office of the Registrar

Miss Lucille Bluford,
2444 Montgall Avenue,
Kansas City, Missouri.

My dear Miss Bluford:

I am pleased to know that you are interested 
in the University of Missouri, and I am sending 
you under separate cover a copy of our general 
catalog and an announcement of the School of 
Journalism. These bulletins will give you informa­
tion concerning the work in which you are inter­
ested.

\ou will note in the catalog that admission to 
graduate work in Journalism is granted only to 
those students who have completed the equivalent 
of the undergraduate work for the A. B. degree in 
an institution which is a member of the American 
Association of Schools and Departments of Journ­
alism. I f you wish to enroll for the second semester 
in the University, you should have me furnished at



6 2

once with a transcript of yonr college record so 
that I may write you definitely concerning your 
admission to the University.

If you have further questions in the mean­
time, I am glad to he of assistance.

Very truly yours,
S. W. Canada

VB S. W. Canada, Registrar,
pm

Mr. Houston: On January 11th, Miss Bluford
replied as follows: (Reading paper marked as Re­
lator’s Exhibit D.)

RELATOR’S EXHIBIT D

2444 Montgall Avenue 
Kansas City, Mo.
January 11, 1939.

Mr. S. W. Canada 
Registrar
University of Missouri 
Columbia, Mo.

Dear Mr. Canada:

In reply to your letter of January 10, I have 
written to Mr. George 0. Foster, registrar at the 
University of Kansas, asking him to send you a 
transcript of my undergraduate work at that 
school.

I received an A. B. degree in Journalism from 
K. U. in June, 1932.

Yours truly,
Lucile Bluford.



63

Mr. Houston: We have already introduced in 
evidence the transcript, which was sent over to the 
University of Missouri from Kansas University.

The Court: (To the reporter) You are show­
ing all those admitted in evidence, are you?

The Reporter: Yes, sir.
Mr. Houston: I am reading now letter from

Mr. Canada to Miss Bluford.

(Note: Letter marked by reporter as Re­
lator’s Exhibit E and read to the Court by Mr. 
Houston, being as follows:)

RELATOR ’S EXHIBIT E

UNIVERSITY OF MISSOURI 
C o l u m b i a  

January 19, 1939 
Office of the Registrar

Miss Lucile Bluford 
2444 Montgall Avenue 
Kansas City, Missouri.

My dear Miss Bluford:

Your transcript from the University of Kansas 
is now on file in our office, and while it is sufficient 
to admit you to our Graduate School I must refer 
it to Dean Frank L. Martin, of the School of 
Journalism, concerning your admission to the Grad­
uate School in the field of Journalism. I notice 
that in my earlier letter to you I told you that ad­
mission to graduate work in Journalism was grant­



64

ed if a student had completed the undergraduate 
work for the A. B. degree in a school which is a 
member of the American Association of Schools 
and Departments of Journalism. I should have 
said the undergraduate requirements for the B. J. 
degree, which is the degree granted by the School 
of Journalism in this University. I am asking 
Dean Martin to check your record and to write 
directly to you concerning your qualifications.

I am enclosing in this letter a registration 
blank for the second semester which you should 
fill out and return to me. You will know from 
the information which Dean Martin gives you 
whether you may plan to enter the field of gradu­
ate work in which you are particularly interested.

Because of the short time remaining before 
the opening of the winter semester, I think you 
must expect to call at this office after you come to 
Columbia for your permit to enroll. This pro­
cedure will not delay you, however, in registering 
at the regular time.

Very truly yours,
S. W. Canada

VB:pm  S. W. Canada, Registrar.
Enc. 1

Mr. Houston: (Addressing respondent and
his counsel) Now will you give me the letter from 
Miss Brown to Dean Martin,— she is the Assistant 
Registrar of the University of Missouri and Dean 
Martin is the dean of the School of Journalism at 
the University of Missouri.



65

(Note: The letter requested was produced, 
(carbon copy), marked by the reporter as Relator’s 
Exhibit F, and read to the Court by Mr. Houston, 
being as follows, to-wit:)

RELATOR’S EXHIBIT F

January 19, 1939
Dean Frank L. Martin 
100 Jay H. Neff

I am enclosing the transcript of Miss Lucile 
Harris Bluford about which I talked to you on the 
phone yesterday afternoon. I have written Miss 
Bluford that you will tell her whether she is elig­
ible to enter graduate work in the field of Journal­
ism, and I shall be glad if you will give her the 
information which she wants.

Very truly yours,

VB:pm Virginia Brown.
Enc.

Mr. Houston: On January 24th, Dean Martin 
wrote in reply to Miss Brown, and I will ask that 
be marked Relator’s Exhibit G.

(Note: Said paper, produced, was by the re­
porter marked Relator’s Exhibit G, was then read 
to the Court by Mr. Houston, and is as follows:



66

(original typing.))

University of Missouri 
Columbia

Inter-Department Correspondence
January 24, 1939

TO Miss Virginia Brown 
Registrar’s Office 
Jesse Hall 

SUBJECT:

Dear Miss Brown:

I find upon examination of the credits of Miss 
Lucile Harris Bluford that she has completed the 
necessary undergraduate professional work to 
qualify her as a candidate in the Graduate School 
for the degree of M. A. in Journalism.

I am returning the transcript of credits.
Very sincerely yours,

Frank L. Martin
FLM :LHC Frank L. Martin
Ends. Dean

(Rubber stamped above date line: Jan. 25, 1939)

Mr. Houston: Q. Now, Miss Bluford, 
did you ever hear directly from Dean Martin? A. 
No, I did not. I did not hear from Dean Martin.

Q. Did you make an attempt to register at 
Columbia, pursuant to Mr. Canada’s instruction to 
come to his office? A. Yes. Mr. Canada’s letter 
said I should come to his office for my permit to 
enroll, inasmuch as the time between the time that



67

I received the letter and the enrollment date would 
be too short to enroll by letter. On January 30th, 
1939 —

Q. Tell us what happened. A. I inquired 
where the Registrar’s office was and was directed 
to Mr. Canada’s office by a student. I noticed a 
line of students formed and, assuming this was the 
line that was forming for registration, I stood in 
line behind about six students and other students 
formed behind me almost to the door.

Q. Was there any unpleasant occurrence on 
the campus, as far as the students were concerned? 
A. No. The students were very friendly. One 
student asked if I had ever enrolled there before 
and I said “ no”  and they talked about some ac­
tivities that were to take place that night. When 
I was about third from the counter where the per­
mits were issued, the clerk in the office asked me 
if I would give her my name. I gave her my name 
and she went into another office and came back 
in a few moments and asked me to come into Mr. 
Canada’s office. I did so. Mr. Canada asked me 
to have a seat and he told me he was sorry that I 
could not enroll and proceeded to read a statement 
to me, which he had on his desk,—a prepared type­
written statement.

Mr. Houston: I will ask that the statement 
be marked Exhibit H.

(Note: Paper handed to reporter was marked 
Relator’s Exhibit H.)

Mr. Houston: Q. Mr. Canada read you, 
you said, a prepared statement when you went in? 
A. Yes, in his office.

Q. I ask you if this is the statement that



68

Mr. Canada read you: (reading) “ The decision 
of the Supreme Court of the United States in the 
Gaines case has not yet become final but is still 
pending in the Supreme Court of Missouri for 
further consideration. When the courts have 
rendered a final judgment in this case, no doubt 
the constituted authorities of the State of Missouri 
will take such action as seems best to meet the 
situation.

“ The people of Missouri have established in 
the state a separate educational system for the 
Negro race and any Negro desiring university 
work should apply to Lincoln University which has 
been established for that purpose.

“ Pending the final outcome of this matter, the 
Board of Curators of the University of Missouri 
cannot alter the long-established policy of this 
state.”

A. That is the statement.
Mr. Houston: Q. That is the statement 

After that statement was read to you, what did 
you do? A. I asked Mr. Canada if perhaps by 
September the Gaines case might be definitely 
settled and he said “ perhaps so”  and I left his 
office.

Q. Where did you go then? A. I went to 
the School of Journalism, just to look at the 
plant, which I had never seen before, and to con­
sult Dean Martin,—since I had not heard from 
him before I left home. I wondered what he 
had found from inspecting my transcript. I  was 
informed there that Dean Martin was in the li­
brary, enrolling students, and I went there and 
found the room where the students in the School



69

of Journalism were being enrolled. I told the 
Dean my name and that my transcript had been 
sent down, and asked whether he had checked it 
and he asked his clerk or secretary whether she 
remembered seeing such a transcript and she said, 
“ From K. U. ?”  and I said, “ Yes,”  and she said, 
“ Yes, Dean, you checked it and found that she 
was eligible to begin work on her Master’s.”  
Dean Martin said, “ Have you your permit to 
enroll?”  and I said, “ No, I haven’t my permit,”  
and he said, “ Well, you have to have your per­
mit to enroll before I can admit you to classes.”

Q. Did you have money sufficient to pay 
the lawful fees that would be charged you, if ad­
mitted to the School of Journalism, University 
of Missouri? A. I had money to pay my fees 
and for books and room and board for the se­
mester.

Q. Were you ready and willing to pay all 
lawful uniform fees required at the University 
of Missouri for students enrolled in the School 
of Journalism? A. Yes, sir .

Q. And willing to abide by all tbe rules and 
regulations of the University? A. Yes, sir .

Q. Do you still hold yourself ready and 
willing to pay all such lawful fees? A. Yes, 
sir; I am able to pay all fees required at the 
University.

Q. Do you now hold yourself ready, if ad­
mitted to take Graduate work at the School of 
Journalism, to meet and obey all lawful require­
ments governing students in that school? A. 
Yes, sir; I am prepared to do that.



70

Q. After you left the campus on January 
30th, what did you do? A. Before leaving the 
campus, I visited the Missourian office and talked 
with students a few minutes.

Q. What was their attitude? A. All the 
students I met were very friendly. I met a num­
ber of students in the School of Journalism, some 
of the U. P. and A. P. correspondents, and all 
my contacts with the students were very friendly 
and cordial.

Q. After you left the campus of the Uni­
versity of Missouri, did you try to reach any other 
officials of the University? A. I tried to get 
in touch with President Middlebush and with the 
Chairman of the Board of Curators, Mr. Mc- 
David, and I sent telegrams to both, telling them 
Mr. Canada had refused to admit me to the School 
and asking them to use their—or to order or tell 
Mr. Canada to admit me, inasmuch as I had quali­
fied.

(Note: At this time a short recess was de­
clared. Reconvening, all present as before with 
same witness on the stand, the following occurred, 
to-wit:)

Mr. Houston: I ask that these be marked.
(Note: Two telegrams handed reporter by

counsel were marked as Relator’s Exhibits I and 
J, respectively.)

Mr. Houston: I will read you Exhibits I and 
J, telegrams from Miss Bluford to Mr. McDavid 
and from Eva Benningfield, Secretary to Mr. 
McDavid.



71

(Note: Said Exhibits I and J, appearing in 
original typing on stock printed form Western 
Union telegram blanks, were now read to the 
Court by Mr. Houston, being as follows, to-wit:)

RELATOR’S EXHIBIT I

Kansas City, Mo., February 1, 1939.
Frank M. McDavid 
(Has Phone)
Springfield, Mo.

Registrar Canada refused to admit me to 
Missouri U. School of Journalism after accepting 
credits from K. U. and telling me by letter to 
come to Columbia to enroll. Please advise him 
to admit me at once to classes which started to­
day. Am ready to return to Columbia as soon 
as word comes.

Lucile Bluford 
2444 Montgall

RELATOR’S EXHIBIT J

Received at 2620 E. 15th St., Kansas City, 
Mo.

Telephone Chestnut 5561.
1939, Feb. 2, A. M. 9:40.
KD 24 26 DL Collect 4 extra duplicate of 

telephoned Telegram Springfield, Mo., 2 8 53 A. 
Lucile Bluford 
The Call, 1715 East 18

Re your wire Advise Mr. McDavid ill and 
unable to give attention your request. Suggest



72

you write President Middlebush at University.
Eva Benningfield 

Secretary

Mr. Houston: On February 2nd, pursuant to 
those instructions she did write President Mid­
dlebush.

(Note: Handing to reporter typewritten let­
ter and an envelope, which were by the reporter 
marked as Relator’s Exhibits K -l and K-2, re­
spectively.)

Mr. Houston: (Addressing witness) Q. Did
Dr. Middlebush answer your letter? A. No, I 
think Mr. Canada answered it.

Mr. Houston: On February 4th, Miss Blu-
ford received a reply from Mr. Canada, which I 
have had marked Relator’s Exhibit L.

(Note: Mr. Houston now read to the Court 
said Exhibits K -l, K-2 and L ; same being, re­
spectively, as follows, to-wit:)

RELATOR’S EXHIBIT K -l

2444 Montgall Avenue 
Kansas City, Mo. 
February 2, 1939.

President Frederick A. Middlebush,
University of Missouri,
Columbia, Mo.
Dear Mr. Middlebush :

Mr. S. W. Canada, registrar, refused to per­
mit me to enroll in the University of Missouri



73

graduate school for the second semester after ac­
cepting my credits and notifying me that I was 
eligible to enroll at the regular time.

I applied for admittance to the graduate school 
to begin work on my Master’s degree in Journal­
ism. My transcript from the University of Kan­
sas, which granted me the A. B. degree in Jour­
nalism in 1932, had been accepted by both the 
registrar and Dean Frank L. Martin of the School 
of Journalism as sufficient for my entrance. I 
was told before I went to Columbia that I was 
qualified to enroll, yet when I reached there I 
was refused admittance.

Mr. Canada denied me a permit to enroll on 
the grounds that the Gaines vs. University of 
Missouri case still is unsettled, but the United 
States Supreme Court definitely settled that case 
on December 12 when it handed down a decision 
ordering the University of Missouri to admit Ne­
groes to its professional schools in the absence 
of other such schools provided for Negroes within 
the state.

I wired Mr. Frank M. McDavid, President 
of the Board of Curators, asking him to order 
Mr. Canada to admit me at once. His secretary, 
Eva Benningfield, wired me from Springfield stat­
ing that Mr. McDavid is ill and unable to give 
attention to my request. She suggested that I 
write you.

Therefore, I am asking you, as President of 
the University, to advise Mr. Canada to forward 
me at once a permit to enroll so that I may begin 
my classes at least by Monday, Feb. 6. I am



74

willing to pay the extra fee for late enrollment.
I would like for you to know that during the 

two hours I spent on the M. U. campus Monday 
there was no indication that the students objected 
to my enrollment. Several expressed surprise that 
I had been denied admittance.

Yours truly,
Lucile H. Bluford 

(Miss) Lucile H. Bluford

(Note: Relator’s Exhibit K-2 is an envelope 
bearing canceled 3 cent and 10 cent special de­
livery stamps, postmarked Kansas City, Mo., Feb. 
3, 2 :30 A. M., 1939, return card in upper left cor­
ner showing printed words THE CALL on a map 
of Kansas, Missouri, Oklahoma, Arkansas,—1715- 
17 East 18th Street, Kansas City, Missouri, ad- 
dresed to “ President Frederick Middlebush, Uni­
versity of Missouri, Columbia, Mo.” —on the back, 
printed “ Established 1919—Member A. B. C.”  
written “ Special Delivery,”  stamped “ Columbia, 
Mo., Feb. 3, 2:00 P. M., 1939, Spec. Del. Rec’d.” )

RELATOR’S EXHIBIT L

University of Missouri 
Columbia

Office of the Registrar February 4, 1939
Miss Lucile H. Bluford 
2444 Montgall Avenue 
Kansas City, Missouri



75

Dear Miss Bluford:
In reply to your inquiry of tlie second re­

garding your application for admission to the 
University, I write to inform you that when your 
credits were accepted by correspondence it was 
not known by the University authorities that you 
were of the colored race. If such fact had been 
known then you would have been immediately 
advised at time that you could not be admitted. 
The decision of the Supreme Court of the United 
States in the Gaines case, to which you refer, has 
not yet become final. This case is still pending 
in the Supreme Court of Missouri for further 
consideration. Until there is a final decision by 
the courts of this controversy, your admission 
must be denied.

Very truly vours,
S. W. Canada
S. W. Canada, Registrar.

SWC :PH

Mr. Houston: Q. Was there anything 
else done at that particular time regarding your 
admission after the letter received on February 
4th from Mr. Canada? A. No, I think that was 
all at that particular time.

Q. In May, 1939, did you hear the argument 
before the Supreme Court in the second hearing 
of the Gaines case? A. I went to Jefferson City 
for the hearing. I had not attended the Gaines 
preliminary trial, and I had an opportunity to 
come to the arguments in the Supreme Court



76

and I came and heard them in the case last May.
Q. As a result of hearing the arguments in 

that case, what did you do? A. After hearing 
the arguments, I determined then that I would 
apply again to the University of Missouri, in­
asmuch as the decision of the Missouri Supreme 
Court said,—or at least, it did not take the stand 
that Gaines would not be admitted to the Uni­
versity of Missouri. The Court said that the 
Law School for Gaines would have to be in ex­
istence before it could determine whether the school 
provided for Gaines was equal to the one at the 
University of Missouri, or whether Gaines was 
receiving equal opportunity.

Q. Was there a School of Journalism, or 
courses offered at Lincoln University? A. No 
courses in Journalism were offered at Lincoln 
then.

Q. When did you next write to the Univer­
sity of Missouri, or to Mr. Canada? A. In Aug­
ust, I wrote to Mr. Canada, renewing my applica­
tion, for the first semester of the year 1939-40.

(Note: Mr. Houston requested and obtained
from the file of Mr. Hogsett certain papers.)

Mr. Houston: I read a letter of August 14th, 
1939, from Miss Bluford to Mr. Canada,—first, 
asking was that written after the Missouri Su­
preme Court had handed down the second de­
cision in the Gaines case? A. Yes.

(Note: Mr. Houston read the first of the pa­
pers obtained as mentioned above, same being



77

marked as Relator’s Exhibit M and being as fol­
lows, to-wit:)

RELATOR’S EXHIBIT M

2444 Montgall Avenue 
Kansas City, Mo.
August 14, 1939

Mr. S. W. Canada 
Registrar
University of Missouri 
Columbia, Mo.

Hear Mr. Canada:

I am renewing my application to enroll in 
the School of Journalism of the University of 
Missouri for study towards my Master’s degree. 
Will you please send me an application blank for 
the year 1939-40?

You already have on file in your office a 
transcript of my undergraduate work at the Uni­
versity of Kansas. The dean of the school of 
journalism already has checked the transcript and 
has found it adequate for admitting me to the 
graduate school in journalism.

Yours truly,
Lucile Bhiford 
(Miss) Lucile Bluford

Mr. Houston: Mr. Canada replied August
16, 1939.



78

(Note: Mr. Houston now read said letter of 
reply to the Court, same having been marked 
as Relator’s Exhibit N, and being as follows:)

RELATOR’S EXHIBIT N

University of Missouri 
Columbia

Office of the Registrar August 16, 1939
Miss Lucile Bluford 
2444 Montgall Avenue 
Kansas City, Missouri

Bear Miss Bluford:

In reply to your inquiry of August 14 re­
garding graduate work in Journalism, I suggest 
you take the matter up with the Board of Cura­
tors of Lincoln University, since 1 understand it 
is the duty of that Board to arrange for such 
work. Our information is that plans have been 
made for such work.

Very truly yours,
S. W. Canada 
S. W. Canada, Registrar 

SWC p. m.

Mr. Houston: Q. Did you receive that 
letter promptly! A. No,—when the letter ar­
rived I was out of the city. I had gone east on 
my vacation and didn’t receive it until I came 
back, two weeks later.



79

(Note: Mr. Houston obtained papers from
Mr. Canada, upon request therefor.)

Mr. Houston: On September 8th, 1939, Miss 
Bluford wrote Mr. Canada as follows:

(Note: Mr. Houston read to the Court let­
ter obtained as mentioned above, and now marked 
as Relator’s Exhibit 0, same being as follows:)

RELATOR’S EXHIBIT 0

2444 Montgall Avenue
Kansas City, Mo.
September 8, 1939.

Mr. S. W. Canada, Registrar 
University of Missouri 
Columbia, Mo.

Dear Mr. Canada:

I acknowledge your letter of August 16. I 
have been waiting for more information concern-

i/

ing the proposed work in Journalism to be of­
fered at Lincoln University this fall but so far 
I have not obtained any definite infonnation.

I will appreciate any information which you 
may have available concerning any proposed work 
in Journalism at Lincoln University, especially as 
to whether the graduate work in Journalism there 
is equal to that offered at the School of Journal­
ism in the University of Missouri.

A copy of the letter which I have written to 
President Scruggs and the Board of Curators of 
Lincoln University of this date is enclosed for your 
information.



80

Will you please advise me of the regular 
registration dates for graduate work in the School 
of Journalism in the University of Missouri this 
month. What is the latest date on which regis­
tration in that School for the coming semester 
can be accomplished?

In view of the short time remaining before 
registration, I will appreciate an early reply to 
the points in this letter.

Yours truly,
Lucile Bluford 
Lucile Bluford

(Note: Exhibit 0  bears rubber stamp Sep.
11, 1939, and blue pencil notation “ Reg. Spec. 
Del. No. 223324.“ )

Mr. Houston: The letter which she referred
to, which was enclosed, was dated on September 
9th, as a matter of fact,—not September 8th.

(Note: Said letter, being now marked as
Relator’s Exhibit P, was read to the Court by 
Mr. Houston, being as follows: (carbon copy) )

2444 Montgall Avenue
Kansas City, Mo.
September 8, 1939 

President Sherman D. Scruggs,
And the Board of Curators,
Lincoln University,
Jefferson City, Mo.



81

Gentlemen:

Last January, I applied to the University of 
Missouri for graduate work in the School of Jour­
nalism beginning with the second semester of the 
academic year, 1938-39. My application was ac­
cepted, but when I appeared to register I was 
denied admittance solely because of my color.

I renewed my application this summer to the 
University of Missouri for admittance at the be­
ginning of the first semester of the year 1939-40. 
On August 16, 1939, Mr. S. W. Canada, registrar 
at the University of Missouri, wrote me suggesting 
that I take up the matter with the Board of 
Curators of Lincoln University. He stated that 
he had information that plans have been made at 
Lincoln University for graduate work in Journal­
ism. A  copy of Mr. Canada’s letter is enclosed.

May I inquire whether Lincoln University 
is offering graduate work in Journalism this fall. 
If so, will the work offered at Lincoln U. be equal 
to that offered in the School of Journalism at 
the University of Missouri?

Please send me a catalogue of the School of 
Journalism of Lincoln University. If a catalogue 
is not available, will you please furnish me de­
tailed information concerning the graduate work 
in Journalism which Lincoln University is pre­
pared to offer at the begining of the first se­
mester of the academic year 1939-40. I would 
like information concerning the faculty, with quali­
fications and experience; courses and schedule; li­
brary, school publication and other facilities.



82

I will appreciate your advice on these points 
at your very earliest convenience as the time for 
registration is at hand and I wish to be advised 
whether to press my application at the University 
of Missouri or whether I can really obtain equal 
graduate work in Journalism at Lincoln Univer­
sity.

A copy of this letter is being sent to Mr. 
Canada for his information.

Yours truly,
Lucile Bluford

(Note: Rubber stamped: Sep. 11, 1939.)

Mr. Houston: Q. Did you hear from 
either Mr. Canada or from President Scruggs be­
fore you started to the University of Missouri 
to register for the first semester, ’39-’40? A. 
No. I believe the registration dates were Septem­
ber 13 and 14, and when I left I had not heard 
from them. I believe I sent them wires, asking 
them to please answer the letter,—so I would 
have the answers before I left.

Q. After you returned from Columbia on 
September 14th, did you find any communications 
from either Mr. Canada or Mr. Scruggs? A. I 
found then a letter from Dr. Scruggs, saying 
that—

Q. Well, did you find any letters? A. I 
found a letter from Dr. Scruggs and one from 
Mr. Canada, both. The letter from Scruggs is 
marked Relator’s Exhibit Q, the letter from Can­
ada “ R ” .



83

Q. Did Mr. Canada ever give you the in­
formation that he had or was supposed to have 
about graduate work in Journalism in Lincoln 
University? A. He merely said he understood 
such work was being offered, but he referred me 
to the University.

Q. Did he give you the information that 
he had or was supposed to have? A. No, sir.

(Note: Mr. Houston now read to the Court
the letters above referred to, same being marked, 
respectively, Relator’s Exhibits Q and R, and be­
ing, in words and figures, as follows, to-wit:)

RELATOR’S EXHIT Q

Lincoln University
Founded as Lincoln Institute 1886 by the 
62nd and 65th United States Colored In­
fantry, and supported by The State of 

Missouri
Jefferson City, Missouri

Office of
The President September 13, 1939
Miss Lucile Bluford 
2444 Montgall Avenue 
Kansas City, Missouri

Dear Miss Bluford:

In compliance with your request contained in 
your registered special delivery letter of Septem­
ber 9, addressed to me and the Board of Cura­



84

tors, permit me to say that the matter will be 
presented to the Executive Committee of the Board 
of Curators for consideration at its meeting set 
for Saturday afternoon, September 30, at 1 :30 
o ’clock.

Sincerely yours,
Sherman D. Scruggs 
Sherman D. Scruggs 

SDS :a President

RELATOR’S EXHIBIT R

University of Missouri 
Columbia

Office of the Registrar September 13, 1939
Miss Lucile Bluford 
2444 Montgall Avenue 
Kansas City, Missouri

Dear Miss Bluford:

I have your letter of September 8. Informa­
tion about work in Journalism at Lincoln Univer­
sity should come from Lincoln University rather 
than from the University of Missouri.

Your truly,
S. W. Canada
S. W. Canada, Registrar

SWC:WS

Mr. Houston: Q. Will you detail your ex­
periences on the campus of the University of Mis­



85

souri at Columbia on September 14th, 1939! A. 
On that day, I went directly to Mr. Canada’s of­
fice, already knowing where he was, and asked to 
speak to Mr. Canada. His secretary said he was 
at the time out, that she would try to locate him. 
I stood and sat in the office and began looking 
through the schedule of classes, to see what courses 
I would like to take the first semester. I was doing 
that when Mr. Canada came in. I told him I had 
come back to enroll for the first semester in the 
School of Journalism and he said he was sorry but 
he could not admit me. I told him that I thought 
the second decision of the Missouri Supreme Court 
in the Gaines case had definitely settled the matter 
and that I thought I was eligible to enter the Mis­
souri School of Journalism, and he said he was 
sorry he could not admit me but that Lincoln Uni­
versity was responsible for providing graduate 
Journalism work for me and I told him that I 
didn’t think Lincoln University had any courses in 
Journalism, undergraduate or graduate, and he 
said he thought plans were being made for such 
instruction the first semester. When I left the 
Missouri University campus, I went to Jefferson 
City—

Q. Did you go to any place else besides Mr. 
Canada’s office on the campus of the University 
of Missouri on September 14th? A. I talked to 
students on the campus.

Q. WLat were your experiences with students 
on the campus of the University of Missouri, Sep­
tember 14th, 1939? A. The students were inter­
ested in knowing what Mr. Canada had told me.



86

Some of them expressed surprise that I had not 
been admitted and were anxious to know what Mr. 
Canada had said. They asked whether I was going 
to Lincoln University. I told them, yes, I  was 
going from there. I did go by the President’s of­
fice, but he was out,—as he was at the other time.

Q. Did you have any unpleasant experience 
with any student or anybody on the campus Sep­
tember 14th, 1939, at the University of Missouri? 
A. No, all my contacts were very friendly. Every­
body seemed to be very cordial.

Q. Where did you go from the campus of the 
University of Missouri on September 14th, 1939? 
A. I went to Lincoln University, Jefferson City, 
to see Avhat courses were being offered in Journal­
ism.

Q. What did you find out? A. He asked 
had I received his letter and I told him no, that I 
had wired him for an answer but had not received 
it and he said he had mailed it the night before 
and probably it reached Kansas City after I had 
left, but he said the Board of Curators had decided 
it would be impossible to have a School of Journal­
ism at that time, but it would have to wait for a 
report back and further study by the Board.

(Note: Mr. Houston requested and received 
additional papers from Mr. Canada.)

Mr. Houston: Q. After you left the 
campus of Lincoln University, Jefferson City, what 
was the next thing you did on September 14th, 1939? 
A. On my way, after leaving the campus, I went 
to the telegraph office and wired Mr. Canada to 
the effect that Lincoln University did not have a



87

School of Journalism and would not have one this 
semester and asked him again to admit me to the 
University of Missouri School of Journalism.

Mr. Houston: I read, the telegram from Lucile 
Bluford to Mr. Canada, September 14, 1939.

(Note: Same was by the reporter marked as 
Relator’s Exhibit S, and was then read to the 
Court by Mr. Houston, being as follows: (original 
typing on regular printed Western Union form ))

RELATOR’S EXHIBIT S

AAJ 224 39 DL — 5 Extra—Jefferson City, 
Mo., 14. 216P.
S. W. Canada, Registrar— 1939 Sept. 14, p.m. 3:02 
University of Missouri.

Lincoln University has no school of Journal­
ism and will not have one. Please reconsider my 
application to enter Missouri U. Journalism School 
for Graduate Work and permit me to enroll at 
once. Answer today.

Lucile Bluford,
2444 Montgall Avenue,
Kansas City, Mo.

(Note: Mr. Houston now read to the Court 
papers marked Relator’s Exhibit T and U (tele­
grams), being as follows:)



8 8

RELATOR’S EXHIBIT T

(Original typing on regular printed Western 
Union blank, but rubber stamped “ Duplicate.” )

AAJ 226 50 DL 5 Extra—Jefferson City, Mo. 
14, 216P.

1939 Sep. 14, p. m. 3 :28 
President Frederick A. Middlebush,
University of Missouri.

I was denied admittance to Missouri Univers­
ity School of Journalism today and referred to 
Lincoln University. I came to Jefferson City and 
found Lincoln has no Journalism courses. Please 
request Mr. Canada to admit me to Missouri U. 
Journalism School at once. Please wire answer 
today.

Lucile Bluford, 2444 Montgall Avenue, Kansas 
City, Mo.

RELATOR’S EXHIBIT U

(Carbon copy typing, on printed “ copy”  West­
ern Union blank)

1939, Sept. 14, p. m. 2:15.
Jefferson City, Mo.

To Mr. Frank McDavid,
President Missouri U. Board of Curators. 
Springfield, Mo.

I was denied admittance to Missouri Univer­
sity School of Journalism today and referred by Mr. 
Canada to Lincoln University. I came to Jefferson 
City and found Lincoln has no Journalism courses.



89

Please request Mr. Canada to admit me to Missouri 
University Journalism School for Graduate Work 
at once. Please answer today.

Lucile Bluford,
2444 Montgall Avenue,
Kansas City, Mo.

Mr. Houston: On September 14th, Miss Blu­
ford received a telegram from Mr. Canada.

(Note: Mr. Houston had same marked as Re- 
lator’s Exhibit V, and then read it to the Court, 
same being in words and figures as follows:) 
(Original typing on regular Western Union blank.)

RELATOR’S EXHIBIT V

Received at 1015 E. 31st St., Kansas City, Mo. 
Victor 7424, Extension 7.

1939, Sept. 14, P. M. 7:03. 
KAG 185 12 Collect 5 Extra—Duplicate of Tele­

phone Telegram.
Columbia, Mo. 14 5:45 P.

Lucile Bluford,
2444 Montgall Ave. KSC.

Have no authority to admit you.

37-2 S. W. Canada, Registrar, Univ. Mo.

Mr. Houston: Q. Did you have any word 
from President Scruggs? A. Yes, sir; after



90

the meeting of September 14th, he wrote me, saying 
that courses would not be available.

(Note: And now a paper was marked, upon 
request, as Relator’s Exhibit W, and was by Mr. 
Houston read to the Court, being as follows, to- 
wit:)

(Original typing on printed letterhead same 
as Exhibit Q, above.)

RELATOR’S EXHIBIT W
October 2, 1939.

Miss Lucile Bluford 
2444 Montgall Avenue 
Kansas City, Missouri.

Dear Miss Bluford:

In a meeting of the Executive Committee of the 
Board of Curators of Lincoln University on Thurs­
day, September 28, it was voted that you be in­
formed that the graduate courses in Journalism in 
which you are interested are not available to any 
student at present in Lincoln University. The 
organization and approval of such course offerings 
must await time for study and report by the Presi­
dent and the Faculty of the University.

Sincerely yours,
Sherman D. Scruggs,
Sherman D. Scruggs,

SDS :a President.



91

Mr. Houston: Q. Following that letter
from President Scruggs, did you make any attempt 
to reach Mr. Canada, Mr. Middlebush and the Presi­
dent of the Board of Curators of the University of 
Missouri? A. I made one last appeal, writing a 
letter to Mr. Canada, Mr. McDavid, to the Presi­
dent of the University, Mr. Middlebush, and to the 
Dean of the Graduate School, Mr. Bent, and to 
Dean Martin, of the School of Journalism, asking 
them to admit me, inasmuch as the Lincoln Uni­
versity did not have any courses in Journalism.

Mr. Houston: Following the receipt of letter 
of September 16th, Miss Bluford wrote a letter to 
five gentlemen, putting their names on all letters 
with a copy to each one. The letter is as follows:

(Note: Said letter, (original typing, 2 pages, 
single spaced,) having been marked as Relator’s 
Exhibit X -l and X-2, was now read to the 
Court by Mr. Houston, being as follows, to-wit:)

2444 Montgall
Kansas City, Mo.
October 6, 1939.

Dr. Frank Lee Martin, Dean,
Faculty of Journalism;

Dr. Henry Edward Bent, Dean,
Graduate Faculty,

Dr. Frederick Arnold Middlebush, President,
Frank M. McDavid, Esq., President,

Board of Curators,
Mr. S. W. Canada, Registrar,
University of Missouri,
Columbia, Missouri.



92

Gentlemen:

I am writing this letter to each of you per­
sonally and in your official position to ask you to 
see that my rights as a Missouri citizen are recog­
nized and that I am accorded the right to enroll in 
the University of Missouri for graduate work in 
Journalism.

I qualified for registration for graduate work 
in Journalism in time for admittance at the enroll­
ment period for the second semester of the aca­
demic year 1938-39. My credits were examined and 
my transcript approved. I presented myself at the 
proper time for registration and was prepared to 
pay the lawful fees and to conform to all lawful 
uniform requirements; but I was denied admit­
tance by Mr. Canada, the Registrar, solely because 
I am a Negro. Mr. Canada said that the case of 
State ex rel. Lloyd L. Gaines vs. Canada, et al., 
had not been determined and that the policy of 
the University was not settled.

I renewed my application for registration for 
graduate work in Journalism in August in time for 
admittance at the enrollment period for the begin­
ning of the academic year 1939-40. I presented 
myself at the proper time for registration and was 
prepared to pay the lawful fees and to conform to 
all lawful uniform requirements; but again I was 
denied admittance by Mr. Canada, the Registrar, 
solely because I am a Negro. I attempted to see 
President Middlebush to appeal to him to see that 
I was registered, but he was not on the campus or 
otherwise available. I sent telegrams to Mr. Mc- 
David, President Middlebush and Mr. Canada ap­



93

pealing to them to see that I was registered; but 
all to no avail.

Lincoln University has no School of Journal­
ism. I have in my possession a letter dated Oc­
tober 2, 1939, from President Scruggs of Lincoln 
University stating that the graduate courses in 
Journalism which I desire are not available at 
Lincoln University and that the organization and 
approval of such course offerings must await time 
for study and report by the President and Faculty 
of the University.

The School of Journalism of the University 
of Missouri is the only place within the state where 
I can obtain graduate study in Journalism. The 
University of Missouri is a public institution. I 
am a qualified citizen of the state of Missouri. 
I herewith appeal to you and to each of you again 
to see that I am enrolled immediately for graduate 
work in Journalism, having been illegally denied 
registration for two semesters now.

Yours very truly,
Lucile Bluford 
Lucile H. Bluford

2444 Montgall Avenue 
Kansas City, Mo.

(Note: Mr. Houston now had marked Rela­
tor’s Exhibit Y, and read same to the Court, as 
follows:)



94

RELATOR’S EXHIBIT Y

University of Missouri 
Columbia

Graduate School
Office of the Dean October 9, 1939
Miss Lucile M. Bluford
2444 Montgall Avenue
Kansas City, Missouri
My Dear Miss Bluford:

This is to acknowledge your letter of Octo­
ber 6, a copy of which was addressed to the Dean 
of the Graduate School.

Allow me to state that my duties as Dean of 
the Graduate School begin when students appear 
at registration with a permit to enroll. This means 
that my problems have to do with educational 
matters on the campus rather than with the ques­
tion of who should be admitted to the Graduate 
School. Under the circumstances I am sure you 
will realize that the question which you raise is 
entirely out of my jurisdiction as Dean of the 
Graduate Faculty.

With all best wishes,
Very truly yours,

Henry E. Bent 
Henry E. Bent 

Dean

Mr. Houston: Q. May I ask you if Dr. 
McDavid ever answered your letter? A. No. 
Dean Bent was the only one who answered.



95

Q. So, Dr. McDavid did not answer, Presi­
dent Middlebush did not answer, Mr. Canada did 
not answer? A. No,—and Dean Martin did not 
answer.

Q. Who is Mr. Sidney Redmond? A. An at­
torney in St. Louis.

Q. WTmt relation has he to you in reference 
to this case? A. He is one of my attorneys, and 
counsel in the case.

Mr. Houston: I read to the Court a letter
from Mr. Redmond to President Middlebush, Octo­
ber 3rd, 1939.

(Note: Said letter, marked by the reporter as 
Relator’s Exhibit Z and read to the Court by Mr. 
Houston, is as follows, to-wit:)

RELATOR’S EXHIBIT Z

Sidney R. Redmond 
Attorney and Counsellor at Law 

Suite 417-20 
People’s Finance Bldg.

St. Louis, Mo.
October 3, 1939

President Frederick A. Middlebush,
University of Missouri,
Columbia, Missouri.

Dear Sir:

I am interested in learning what action the 
Board of Curators of the University of Missouri



96

took on the application of Miss Lucile Bluford to 
enter the School of Journalism and beg to take this 
means of asking you to send me a copy of any 
minutes pertaining to this subject at your earliest 
convenience. In view of the fact that the records 
are public I could come up and look them over but 
believe this may be more convenient for both of us.

Thanking you, I am,
Respectfully yours,

S. R. Redmond 
S. R. Redmond

SRR:EF

Mr. Houston: President Middlebush replied to 
Mr. Redmond under date of October 9, 1939, as 
follows:

(Note: Mr. Houston read to the Court let­
ter, marked as Relator’s Exhibit AA-1, and envel­
ope, identified as Relator’s Exhibit AA-2, same be­
ing as follows, to-wit:)

University of Missouri 
Office of the President 

Columbia
October 9, 1939.

Frederick A. Middlebush 
President

Mr. S. R. Redmond
Suite 417 People’s Finance Building,
St. Louis, Missouri.



Dear Sir:

I have your letter of October the third. In 
reply, I beg to advise that no application of Miss 
Lucile Bluford has ever come before the Board 
of Curators of the University of Missouri, and 
there are no minutes of the Board pertaining to 
the subject. Under existing laws of this State, 
Miss Bluford should apply to the Curators of 
Lincoln University.

Yours truly,
F. A. Middlebush

(Note: Ex. AA-2 is envelope, embossed re­
turn card “ University of Missouri Office of the 
President, Columbia,”  typed address: “ Mr. S.
R. Redmond, Suite 417, Peoples Finance Build­
ing, St. Louis, Missouri,”  bearing 3 cent U. S. 
postage stamp—canceled; postmarked “ Columbia, 
Mo., Oct. 9, 8 P. M., 1939.” )

Mr. Houston: Now as a matter of judicial
knowledge Your Honor will note that this suit 
was not filed until after all this correspondence 
was completed. I think the suit was filed on Oc­
tober 13, 1939.

Mr. Houston: 'Q. Miss Bluford, the catu
logue of the University of Missouri, section on the 
School of Journalism, states that the School of 
Journalism exists to serve the newspapers of the



98

state,—meaning the state of Missouri. Has the 
School of Journalism ever given any aid or as­
sistance to the Kansas City Call? A. None what­
ever.

Q. So far as you know, has the School of 
Journalism ever given any aid or assistance to 
any Negro newspapers of the state of Missouri? 
A. No,—none of the Negro papers of the state, 
to my knowledge, have ever received any aid or 
co-operation from the Department of Journalism, 
University of Missouri.

Q. Have any of the Negro editors ever been 
invited to Journalism week at the University of 
Missouri? A. None on the Call have. I never 
have heard of any from St. Louis being invited, 
and I don’t know of their going,—I don’t think 
they have.

Q. When do you want to enter the School 
of Journalism, University of Missouri? A. As 
quickly as possible,— right now. I have been wait­
ing over a year and would like to begin right 
now,—Monday morning, if possible.

Q. After you complete your graduate work, 
on what paper do you want to serve? A. I will 
continue to work with the Call. When I  go to 
the University of Missouri, I will get a leave of 
absence from the Call, in order to study so we may 
improve the Call and improve our service to the 
Negro citizens of the state.

Q. Meaning by that what? A. State of Mis­
souri.

Mr. Houston: Your witness.



99

Cross Examination of Lucile Bluford 
by Mr. Hog sett

Q. Miss Bluford, your transcript from Kan­
sas University shows you graduated there in 1933. 
I think the record here shows that you went to 
work for the Call in the fall of that year. A. 
That is right.

Q. You have become managing editor of the 
paper and have been such for how long? A. 
Since the latter part of 1937.

Q. What salary do you draw there? A. 
Thirty-five dollars a week.

Q. Is there anything in addition to the sal­
ary? Have you any working interest in the busi­
ness? A. No, I have no stock in the business.

Q. l 7ou have been drawing that salary how 
long? A. Since I have been managing editor.

Q. And when did you decide that you wanted 
to study Journalism some more, after your seven 
years out of school? A. I have always felt the 
need and desire to go back to school, but I wanted 
to go to the University of Missouri.

Q. I think you are trying to answer and the 
question was simply one of time,—when did you 
decide that you wanted to study more Journalism, 
after your seven years in business?

Mr. Houston: Just a moment. The question 
is : when did she decide after her seven years in 
business. Now I don’t think that is a fair ques­
tion.

Mr. Hogsett: I will rephrase that.
Q. When did you decide that you wanted to



1 0 0

study more Journalism! A. Definitely, after I 
became managing editor in the fall of 1937. Prob­
ably after I had had that position six or seven 
months I realized then the need of going back to 
school. I saw then that I actually had not had 
enough training for this promotion.

Q. Could you give me the approximate time 
you made up your mind that you wanted graduate 
work in Journalism? A. When you are in school 
you don’t know, always, what you need to study, 
but after you have had practical experience in the 
field you realize there are some subjects you need 
to study more thoroughly. I can’t put the definite 
date on it.

Q. But that was in 1937? A. Yes, or ’38.
Q. You planned to take a leave of absence? 

A. I plan to take a leave of absence when and 
if I go back to school; yes, sir.

Q. You have repeatedly said here in your 
testimony that you expected to take a Master’s 
degree in Journalism, haven’t you? A. Yes.

Q. Is that true? A. A  Master’s degree or 
advanced work,—the degree does not matter,—what 
I want is the training in the work.

Q. Well, twice in the letters you said— A. 
That is the normal degree to get.

Q. Beg pardon. Twice in the letters you have 
said that you desire an entrance here to take a 
degree, a Master’s degree in Journalism. Is that 
the truth? A. That is the advanced degree in 
J oumalism.

Q. I hear it is, but is that the truth,—was 
that your real purpose and motive? A. Certainly.



1 0 1

I wanted to do advanced work leading toward the 
degree,—I was not caring about the degree, but 
training leading to the degree.

Q. How long did you anticipate remaining in 
the University to get the degree? A. It takes a 
year, or two semesters or four semesters, to get 
that degree.

Q. On day before yesterday you were noti­
fied, in writing, by my office to produce at this 
trial all letters and communications of every kind 
between yourself and the National Association for 
the Advancement of Colored People or any of its 
agents, representatives or attorneys, were you not? 
A. That is right.

Q. Have you done that? A. I have.
(Note: At this point, certain papers were

produced which were by the reporter marked as 
Respondent’s Exhibits Nos. 1 to 13, both inclu­
sive.)

Mr. Hogsett: Q. Now your counsel has
given me papers which are marked as Respond­
ent’s Exhibits 1 to 13, inclusive,—

Mr. Houston: May I say for the record that 
counsel held out certain papers which he considers 
confidential communications from himself and his 
client and the exhibits Mr. Hogsett has are not 
the complete correspondence file. I want that clear 
in the record.

Mr. Hogsett: I was about to make it clear.
(Note: Laughter in the courtroom.)
The Court: Let us have order.
Q. (By Mr. Hogsett) How many letters, 

other than Exhibits 1 to 13, have you had, passing



1 0 2

back and forth between yourself and the National 
Association for the Advancement of Colored people 
or its attorneys, other than these 13 papers just 
given me by counsel?

Mr. Houston: Just a moment. I think the
volume of correspondence between counsel and cli­
ent is just as much a matter of privilege as any­
thing else.

Mr. Hogsett: I haven’t offered it,—I asked
for the number.

Mr. Houston: I think that is a question of
privilege.

The Court: The question he asks is relevant
not as to client and counsel, is it?

Mr. Houston: Yes, he put in attorneys. Al­
though I am counsel for Miss Bluford, I also hold 
a staff position—though not on salary—with the 
Association for the Advancement of Colored Peo­
ple. If he separates that question, I have no ob­
jection—

Mr. Hogsett: To avoid the objection, I will
frame it in any way counsel thinks proper: How 
many documents are there between you and the 
National Association or any of its attorneys be­
sides these thirteen,—give me the number? A. I 
haven’t counted them. I don’t know.

Q. About how many,—fifteen or twenty? A. 
I don’t have any other correspondence with the 
National Association. That is all that I have be­
tween myself and the Association. My correspond­
ence has been with Mr. Houston.

Q. None of these exhibits, one to thirteen, 
is written direct to the Association, as such, but



103

all to some individual,—isn’t that correct! A. 
They are individuals who sign the letters, yes.

Q. How many more of that type are there 
that you have not disclosed in answer to this no­
tice! A. Besides Mr. Houston!

Q. No,—how many letters and communica­
tions, back and forth, between you and the As­
sociation, whether in that name or in the name 
of Air. Houston, its general counsel, that you 
haven’t disclosed to the Court here! A. I 
haven’t counted them.

Q. Well, I see Air. Houston is doing that,— 
if he will supply that, please!

Mr. Houston: (Handing sheaf of papers to
witness) Just count them.

A. Letters and answers!
Air. Hogsett: Yes.
The Witness: (After counting) Nineteen,

including a telegram.
Air. Hogsett: Q. There are nineteen 

communications which you are not disclosing and 
thirteen which you are,—to boil it down,—that is 
the effect of it! A. I don’t think the communica­
tions between my lawyer and myself are public 
property.

Qf. I would be greatly obliged if you would 
just answer the question. There are nineteen com­
munications which you are not disclosing to the 
Court and thirteen which you are! A. We are 
not disclosing our confidential letters.

Q. I will once more attempt to get an an­
swer.

The Court: Once more, and we m il have the



104

last of it..
Mr. Hogsett: Q. You are refusing to 

disclose to the Court nineteen communications, are 
you, or not? A. Yes, I am refusing to disclose 
my confidential correspondence.

(Note: Applause, by handclapping, in the
audience.)

The Court: Mr. Sheriff, clear the courtroom, 
—clear the room.

(Note: Pause, while the courtroom was
cleared of young women spectators (students), a 
number of persons—witnesses, etc.,—remaining.)

The Court: Now let us have order. Proceed, 
Mr. Hogsett.

Mr. Hogsett: Q. Is your father’s name
J. H. Bluford? A. Yes, sir.

Q. He has been Secretary of the Kansas City 
branch of the National Association for some years? 
A. Yes, he has.

Q. And you have held an official position 
in the National Association, on some committee? 
A. Yes, I  am on a committee now.

Q. How long have you been an official of 
the National Association? A. I am not an offi­
cial of the National Association.

Q. All right, a head of a committee of that 
Association. A. I have ben a member and head 
of the Publicity Committee for several years,—I 
don’t know how many years.

Q. The number of your attorneys in the dam­
age suit that you brought against Mr. Canada in 
Federal Court, to which I will later refer, includes 
Mr. Carl R. Johnson, who is President of the



105

National Association in Kansas City,—is that 
right! A. Yes, he is President.

Mr. Hogsett: Now I offer in evidence Exhib­
its 1 to 13, inclusive and will read them, with 
permission of the Court.

The Court: Let them be admitted, if there 
is no objection.

(Note: Said Exhibits 1 to 13 are here set out 
consecutively, as a complete file,—being referred 
to in examination by counsel as shown below.)

RESPONDENT’S EXHIBIT NO. 1

Established 1910 Member A.B.C.
Serving the, (Map of Kans. Mo., Principal Offices 
940, 845 Negroes, Okla. and Ark), Kansas City, Mo. 
in the Kansas City, Kans.
Southwest THE CALL Tulsa, Okla.

Little Rock, Ark. 
Kansas City, Mo.

Monday, Dec. 12
Dear Roy:

Your telegram just arrived in answer to my 
request for the supreme court decision in the 
Gaines case. Thanks a lot for your prompt atten­
tion to it.

In case the decision is available before Thurs­
day, will you send it to me! Perhaps it can make 
the St. Louis and city editions. The St. Lords 
paper goes to press about noon, the city about 
midnight.



106

The Call and its readers in the Southwest 
congratulate the N.A.A.C.P. and its legal staff 
upon winning this important case. It is the most 
significant victory Negroes have won in recent 
years.

Since you are going to Chicago at Christmas 
time, I hope you’ll drop down to Kansas City 
for a day or so.

Yours,
Lucile Bluford.

RESPONDENT’S EXHIBIT NO. 2

January 25, 1939
Attorney Charles H. Houston 
615 F. Street, N. W.
Washington, D. C.

Dear Mr. Houston:

Some time ago I wrote Mr. Roy Wilkins tell­
ing him of my plan to apply for admittance to the 
University of Missouri for the second semester of 
this year. He suggested that I go ahead and ap­
ply and that I write you for advice.

I was graduated from the University of Kan­
sas’ School of Journalism in 1932, and have ap­
plied to do graduate work in Journalism at M. U. 
For five years I have been employed on The Call 
and am now news editor, a position once held by 
Mr. Wilkins. I have asked Mr. Franklin for a 
leave of absence to study for a semester, if M. U. 
admits me.



107

So far the following steps have been taken:
1. I wrote Mr. S. W. Canada, registrar at 

M. XL, asking for a registration blank and catalog, 
telling him that I desired to do graduate work in 
journalism.

2. He answered, advising me to have the 
transcript of my undergraduate record sent him.

3. I wrote Mr. George Foster, registrar at
K. U., asking him to send my transcript to Mr. 
Canada.

4. Mr. Foster answered, saying he had done 
so.

5. Mr. Canada wrote saying that he had re­
ceived the transcript. (Enclosed is copy of his 
latest letter.)

To date, I have not heard from Dean Martin, 
but I know that I am eligible to do graduate work 
at M. U.

My problem now is this—I am not sure 
whether the registrar knows I ’m a Negro. Race 
has not been mentioned anywhere in our corres­
pondence. On the registration blank sent me 
(which I have filled out and returned) there was 
no space for the applicant’s racial identity.

The only possible way for Mr. Canada to know 
I am a Negro is the reference on the transcript 
to the high school from which I entered K. U. 
The transcript tells that I entered from Lincoln 
High School, Kansas City, Mo. Whether or not 
Mr. Canada noticed this I do not know, but I don’t 
see how he could tail to see it as it is prominent 
on the first page of the transcript. And as regis­
trar of the state university, he must be acquainted 
with the high schools of the state, especially in



108

Kansas City and St. Louis. He is bound to know 
that “ Lincoln”  is a Negro school. He made no 
mention of it, however.

As enrollment for the second semester is 
scheduled for Monday and Tuesday, January 30 
and 31, and classes begin on Wednesday, Feb. 1, 
I need your advice on the proper procedure from 
this point.

If Dean Martin should say that I am eligible 
to do graduate work in his school and my race 
is not questioned, should I go to Columbia Mon­
day or Tuesday and enroll and let them find out 
then that I am a Negro?

Or do you think from “ Lincoln High”  they 
already know I am a Negro and are planning to 
admit me in compliance with the Gaines decision?

Should I advise them of my racial identity be­
fore going?

I feel that I should go ahead and enroll with­
out telling them anything, but I want to do what­
ever you think is best.

I do not believe M. U. is going to admit a 
Negro student without doing everything in its 
power to keep from doing so. The university law­
yers are still trying to find a “ way out” , as you 
will note from the enclosed clipping.

Please advise me as early as you can what I 
should do.

Mr. Franklin has not yet granted me a leave 
of absence and I ’m not sure that he will. I f he 
doesn’t and I can’t attend for a whole semester 
(if they admit me), do you think I should enroll 
anyway and attend classes for a few days? Or



NATIONAL o m c f j r *

» P H M N H T
i  I  iM M ia a• «> fc pn A w w *

CM AIRMAN O f TM « N A N

NATIONAL ASSOCIATION FOR THE 
ADV/#CEMENTOF COLORED pfbPLE

69 F if t h  Av e n u e , N ew  York

E X E C U T IV E  O F F IC E R S

WALTER WHITE MCRETART
Mo t  W il k in s

AMIRTANT MONETARY
EOITOR. THE CRISIS

ON. LOVM T . W tIN I 

TICC'FRCSIMNTS

TREASURER
Ma r t  W h it e  O v ir s t o m

IMIAHII t t l  IMNMIT©**
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NATIONAl. IJM.AI. I OMMITTKK

T e l e p h o n e  A L o o n o u i n  4 - 3 3 0 1
Ch arles  H. H ou ston

•FECIAL COUNSEL

Official Organ: The Crisis

27 January 1939

Miss Lucille Bluford 
2444 Montgall Avenue 
Kansas City, Missouri

Thukoooo  Marshall
a ssistan t  special c o u r se l  I 

William  Picking
OIRTCTOR OF SRANCNIS |

D a is y  E. La m p s . n
FIELO SECRLTART j 

E. Freoeric  Morrow
•RANCH COORDINATOR | 

G coroe B Murphy Jr
PUBLICITY AMO PROMOTION

Dear Miss Bluford:
I acknowledge ycur letter of January 25 
and hasten to express my hopes that you 
w ill register, or attempt to register 
at the University of Missouri, School 
o f Journalism. This w ill do four or 
five  very valuable things for the cause 
o f higher education.

1. It w ill focus attention on 
Negro women. So far our test cases 
have been men. The only g ir l whose case 
we ever had for a short time was that 
of Alice Jackson o f Richmond, Virginia. 
She applied to the University o f Virginia 
for graduate work in English. Virginia 
passed a scholarship act and her case 
took an inactive status. Yours would be 
the f ir s t  case of a Negro woman actually 
being accepted and either admitted or 
refused at a State university.

A i.h u i 11 iip lugu iu , N f». \ o ik , '  l i i ir n u
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lle r k r lf ). C a lif.

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I

2. It  w ill keep the legislature 
o f Missouri from going o f f  half cocked 
on the law school. It vd.ll show i t  that 
the problem cannot be solved by putting 
a law school at Lincoln University.

3. It w ill keep public attention 
focused on the University problem. A re­
jection by you would have much more publi 
c ity  value than a rejection o f a man.

4. The School o f Journalism at the 
University o f Missouri is  about the best 
and your applying w ill force its  hand on 
whether the’ school stands for liberal 
principles.

ENDORSED BY TH E  N ATIO N A L INFORM ATIO N B U R EA U . 21S FO UR TH  AVENUE. NEW YORK

5 3





109

should I wait until fall when I might be able to 
get a leave?

Yours truly,
Lucile Bluford 
Lueile Bluford

*

P. S. I am a bona fide resident of the state of 
Missouri, my father is a taxpayer and home 
owner. I received tuition aid from the state 
when I was taking journalism at K. U.

L. B.

RESPONDENT’S EXHIBIT NO. 3 

(See Photostat)

27 January, 1939
To: Miss Lucile Bluford—2.

5. If you get in, you have the satisfaction 
of opening a new door.

Please tell Mr. Franklin that I hope he will 
arrange to give you time off to go to the School 
if the School will accept you.

I f possible I hope you can get to Columbia 
a day in advance so as to get a room tentatively 
because I should not like to have you worry both 
about room and school at the same time.

Congratulations and good luck. If you need 
anything in a rush, wire Sidney R. Redmond, Peo­
ples Finance Building, St. Louis, and me here in



110

Washington. If any trobule starts I ’ll be there 
as fast as transportation will bring me.

Yours sincerely, 
Charles Houston 
Charles Houston

CHH/NO

RESPONDENT’S EXHIBIT NO. 4 
(Carbon copy, on short plain paper)

January 30, 1939
Air. Charles H. Houston 
615 F Street, N.W.
Washington, D. C.

Al. U. denied admittance today say gaines 
case still unsettled mandate not yet in Columbia 
Canada says university to resubmit case to mis- 
souri supreme court no trouble students indif­
ferent, friendly letter follows.

lucile bluford

RESPONDENT’S EXHIBIT NO. 5

(On regular Western Union blank) 
Received at 2620 E. 15th St., Kansas City, AIo.

Telephone Chesnut 5561 
1939 FEB 1 PAI 4 18 

KAC76 38 DL—NSH NEW YORK NY 1 428P

Aliss Lucihe Blueford,
2444 Alontgall Ave.



I l l

Have seen your letter to Wilkins. Suggest you 
telegraph immediately President Board of Cura­
tors University of Missouri notifying him refusal 
by registrar and requesting Board Curators to 
order your admission. Include necessary details. 
Mail us copy your telegram.

Thursgood Marshall.

RESPONDENT’S EXHIBIT NO. 6

(On printed Postal Telegraph form)
WP28 27 3 EXTRA—BY NEW YORK NY 1 
1131A 1939 FEB 1 PM 5 31

Duplicate of Telegram Telephoned
Miss Lucille Bluford 
2444 Montgall Ave. KanCity.

Charles Houston forwarded us copy your tele­
gram January 30 to him. Please send this office 
copy your letter to Houston Re denial of admit­
tance.

Thurgood Marshall 69 Fifth Ave.

RESPONDENT’S EXHIBIT NO. 7

(Telegram on Western Union form) 
Received at 2620 E. 15th St., Kansas City, Mo.

Telephone Chestnut 5561 
1939 FEB 1 PM 12 35 

KP 117 10—NF WASHINGTON DC 1 HOP



112

Miss Lucille Bluford 
Kansas City Call

Congratulations and thanks. You have done 
education Negroes real service.

Charles Houston.

RESPONDENT’S EXHIBIT NO. 8 

(Typed, plain paper, signed in pencil)

Tuesday
Dear Mr. Houston:

Enclosed is tear sheet from The Call just off 
press. The articles tell in detail what happened 
when I tried to enroll in M. U. yesterday.

The daily papers here have given it much pub­
licity. Some of the accounts are exaggerated. 
I ’ll send you clippings.

I hope I did nothing to hurt the case.
What will the next move be?
I was accompanied to Columbia by Elmore 

Williams, president of the N.A.A.C.P. branch here, 
and Attorney James H. Herbert who successsfully 
handled the golf course segregation case here 
recently. I went to the campus alone, however, 
We cheeked at the Boone County courthouse and 
found that the mandate really hasn’t been sent 
over from the Missouri Supreme Court.

The Board of Curators issued a statement 
saying that all Negroes should apply to Lincoln



113

University. You will find the whole statement in 
an enclosed clipping.

Bluford.

RESPONDENT’S EXHIBITS NO. 9 and NO. 10

(Two sheets, marked separately)
2444 Montgall Avenue 
Kansas City, Mo.
February 2, 1939 

(Stamped: FEB 4 1939 1880) 
Mr. Thurgood Marshall 
69 Fifth Avenue 
New York City

Dear Mr. Marshall: In response to your tele­
gram yesterday, I wired Mr. Frank M. McDavid, 
President of the University of Missouri Board of 
Curators, the following message:
Frank M. McDavid 
(Has Phone)
Springfield, Mo.

Registrar Canada refused to admit me to Mis­
souri U. School of Journalism after accepting cred­
its from K. U. and telling me by letter to come to 
Columbia to enroll. Please advise him to admit 
me at once to classes which started today. Am 
ready to return to Columbia as soon as word 
comes.

Lucile Bluford 
2444 Montgall



114

I received the following message in reply:

Springfield, Mo.
Lucile Bluford 
2444 Montgall

Re your wire advise Mr. McDavid ill and un­
able to give attention your request Suggest you 
write President Middlebush at University.

Eva Benningfield, Secretary.

I have written to President Middlebush. A  
copy of the letter is enclosed.

Mr. McDavid (whose term expired, by the 
way, on January 1, 1939, according to the catalog) 
probably would have given me the same answer 
as the statement issued by the Board of Curators 
following my appearence at Columbia.

The statement in full, as Mr. Canada read to 
me and as was issued to the press after I tried to 
enroll, follows:

The statement read:
“ The decision of the Supreme Court of the 

United States in the Gaines case has not yet be­
come final, but is still pending in the Supreme 
Court of Missouri for further consideration. 
When the courts have rendered a final judgment 
in this case, no doubt the constituted authorities 
of the state of Missouri will take such action as 
seem best to meet the situation.

“ The people of Missouri have established in 
the state a separate educational system for the 
Negro race and any Negro desiring university 
work should apply to Lincoln University which 
has been established for that purpose.



NATIONAL O m C I M NATIONAL ASSOCIATION FOR THE 
ADVANCEMENT OF COLORED PEOPLE

6 9  Fifth  Ave n u e , New  Yo rk
T m F W O H l A L t OWOU iw 4 * 9 8 8 1  

Official Organ: The Crisis

W A iTia Whit*

nuiiiii
Ha st  W hite Ovihhtoh

B O A R D  O k  D U U n O R M  
X .Y . J.K . 8pln*am

Bug. m  M. M arlin  
C a rl M urphy 

A la . U r. B . W . T a s s a r t  
A lf r M  B a k er  la w l t  

W .V a . T . U . N a tter
1‘r o f. I*aul It L>ou6laa 
H on. H arry  K  D a rla  
U  F aarl M lldw U

W illiam Alton White
Ur. N. C. >

RacM DavtoDa Bate 
Dowlas P. r
U ow to 6 . O a______
1too. Join Harass H 
Dr. William LJajrS Inna 
Dr. Jcha H. Johnson 
Hon. Horbort H. Usitman 
Hon. Caroline O'Dny 
Mary White Orlasto*

NATIONAL I M B II

H .I  
wui lass r .  mis
8. D. McOtllU O rta tb . Jr.

"tarrosL  the c a w  
C a a  t e n  N. Mo m too

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T h u »

ASM START SPECIAL C 041 Ml 
WlLUAR ACIIM

DIRE CTOS OF M U C H  
Daisy L  Lahfcir

E. Feed* t ic  Moooow
MARCH COORD4RATO 

G10061 B. MUSFMT.JS.
FUSLICITT AHO POOR OTTO

February 0, 1939.

/ /

lilsa Luoile Bluford, 
B444 Mont (jo 11 Avenue 
Aaaaas City,. Mo.
Dear 11130 Bluford:

T.ianns for your le tter  of February 
and, w.iic.i .las been culled to ny attention 
tliis naming.

First o f e l l  pem lt ue to congratulate 
you on the very fine way you have handled your

(case. Hoy and 1 .iave been talking about i t  ever 
since it  broke. Everything seems perfect.

There is  one iteu I would suggest whioh would 
close up a ll techn icalities. I would suggest 
that you write the Board of Curators, care of 
President of the Board of Curators. Thia w ill 
technically mean tiiat you have appealed to the 
Board of Curators o f f ic ia l ly  in addition to the 

JPresident. You can use the sane type of letter 
las tiie one you sent to President lilddlebush,
^»ith tae exception tiiat 7 0 U add the statement 
that you have already appealed to President lliddle- 
bush.

please neep us advised of a ll  replies.
Very t ruly yours,

Thur go o J*T3 rs ua l l  
Assistant Special Qounsel

T liiF E A

CNDOKSID I T  TM I NATIONAL INFOKNATION NUNKAU. t i l  FOUNTH AVINUE. NEW YONK

JOtfa ANNUAL CONFERENCE, RICHMOND, VIRGINIA, June 27th-jrfy 2nd, 19)9





115

“ Pending the final outcome of this matter, the 
Board of Curators of the University of Missouri 
cannot alter the long established policy of this 
state.”

I will send you copies of the comment appear­
ing in the M. U. student paper as soon as I receive 
them.

Say hello to Roy Wilkins for me.
Yours truly,

Lucile Bluford.

RESPONDENT’S EXHIBIT NO. 11 

(See Photostat)

RESPONDENT’S EXHIBIT NO. 12 

(Carbon copy—on plain paper)

4 May, 1939.

Miss Lucille Bluford,
Kansas City Call,
Kansas City, Missouri.

My dear Miss Bluford:

The Gaines case is set for reargument in the 
Missouri Supreme Court Monday, May 22. In view 
of the fact you have also applied for admission to 
the University of Missouri, I hope that you can 
get to Jefferson City for the argument. Will you 
please take this letter to Mr. Franklin if necessary



116

as my request that you be assigned to cover the 
case; and tell Mr. Franklin that as a Westerner 
who does not stand on ceremony I know he will 
forgive my not writing direct to him.

Yours sincerely,
Charles H. Houston.

RESPONDENT’S EXHIBIT NO. 13

(On printed letterhead of “ The Call,”  as Ex­
hibit No. 1 above, not recopied here.)

THE CALL 
KANSAS CITY, MO.

May 13, 1939.
Mr. Charles H. Houston 
N. A. A. C. P. Office 
69 Fifth Avenue 
New York City, New York.

Dear Mr. Houston:

I will be in Jefferson City for the Haines 
hearing, as you suggested in your letter of May 4. 
We knew the case was set for the May term, but 
did not know the exact date until you wrote. Sev­
eral Kansas Citians are planning to be there.

Mr. Franklin sends you his best regards.
Very truly yours,

THE CALL 
Lucile Bluford
Lucile Bluford, News Editor.



117

Mr. Hogsett: Q. Who is “ Roy” ? A. 
Roy Wilkins, Assistant Secretary of the National 
Association, and Editor of the Crisis, New York 
City. He formerly was a member of The Call 
staff.

Q. This,—Exhibit No. 1—was written in 1938, 
was it? A. Yes.

(Note: Mr. Hogsett now read Exhibit No. 1 
to the Court,—same being set out above. Mr. Hog­
sett then began reading Exhibit No. 2, interrupting 
his reading to examine witness.)

Mr. Hogsett: (Reading) “ Dear Mr. Hous­
ton: Some time ago, I wrote Mr. Roy Wilkins 
telling him of my plan to apply for admittance to 
the University of Missouri for the second semester 
of this year. He suggested that I go ahead and 
apply and that I write you for advice.”

Q. So it was Mr. Wilkins’ suggestion that you 
apply? A. No, it was not.

Q. Didn’t he say so? A. Don’t I say I told 
him about my plans?

Q. Yes,—I just read that. Mr. Wilkins did 
suggest that you go ahead and apply and that you 
write Houston for advice? (Showing witness Ex­
hibit No. 2.) A. If needed; yes, sir.

(Note: Mr. Hogsett now continued reading 
said Exhibit No. 2 to the conclusion thereof, the 
whole of same being fully set out above.

Mr. Hogsett: Q. How do you square 
that statement in that letter to Mr. Houston that 
your plan was to ask Mr. Franklin for leave of ab­
sence to study for a semester— A. All right,—

Q. Wait, —how do you square that with the



118

statement that you made to Mr. Canada at almost 
the same time, at least in the same month, that you 
were coming here to take an M. A. degree, which 
would require a full year? A. Enrollment is made 
by semesters. If I planned to take a year’s course, 
I would enroll for one semester and finish that. By 
getting a leave of absence from Mr. Franklin, I 
would have come to Kansas City for work during 
the summer and then back for the next semester. 
I didn’t need but one semester at that time.

Q. You say that now, but not in the letter. 
A. That letter to Mr. Houston had nothing to do 
with plans with Mr. Franklin.

Q. You say to Mr. Houston, if you could not 
get a leave of absence for a semester did he think 
it would be all right for you to come down and go 
to the University of Missouri “ for a few days,” — 
what did you mean by that— A. He wrote—

Q. Wait just a minute, —pardon me, please, 
—how do you square that when you represented to 
Mr. Canada that you were a bona fide candidate 
for an M. A. degree? A. Mr. Franklin was out 
of town at that time and I wrote a letter and asked 
for a leave of absence, but had not heard from him. 
I thought that if I went and studied for two or 
three days that Mr. Franklin would grant me a 
leave of absence to complete my work. I f  I was 
admitted, I knew he would grant me the leave of 
absence.

Q. But you were putting it up to Mr. Houston’ 
the general counsel, if he didn’t think it would be 
all right for you to go through the motion of enter­
ing and attending classes for just a few days? A.



119

That was preparatory to getting my leave.
Q. You thought by that that he would— A. 

I don’t have to explain it to him.
Q. Well, you say here “ if he doesn’t and I 

can’t attend for a whole semester—if they admit 
me—do you think I should enroll anyway and at­
tend classes for a few days? Or should I wait 
until fall when I might be able to get a leave?”  
A. Well, I was pretty sure I would get a leave.

Q. You thought that later, —it was for the 
purpose of putting on a sham— A. No, you are 
absolutely wrong.

Q. You don’t mean, seriously, that you could 
get a Master’s degree in anything short of a year? 
A. I didn’t say I could.

Mr. Houston: Just a moment. I think that is 
unfair examination. The witness has never said 
that she could get a Master’s degree in less than a 
year and has always stated that she would take a 
year to get it, and, having stated it three of four 
times, I think this is objectionable.

The Court: Objection sustained.
Mr. Hogsett: All right. Now I will read the 

Exhibit No. 3, the reply from Mr. Houston on the 
letterhead of the National Association, with a great 
many names, which I will not read.

(Note: Mr. Hogsett read Exhibit No. 3, set 
out above.)

Mr. Hogsett: Q. Why was it, if you 
know that Mr. Houston was seeking “ publicity val­
ue”  from your application? A. He wasn’t nec­
essarily seeking publicity value, but he knew if I 
appeared on the University of Missouri campus and



120

wes refused or rejected, that it would reach the 
newspapers. He wasn’t seeking publicity value, 
hut knew it would get publicity.

Q. He didn’t care for it? A. No.
Q. And how do you explain this: (Reading)

“ A  rejection by you— (meaning ‘ of you’ )—would 
have much more publicity value than a rejection of 
a man. ’ ’ Do you know why ? A. That is from his 
point of view. It has nothing to do •with why I 
entered the University of Missouri.

Q. Do you know why he was building up pub­
licity? A. As far as I know, he wasn’t asking 
that—but knew it would get publicity.

Q. Do you know why he listed the greater 
publicity as a desirable thing? A. He didn’t say 
it was a necessarily desirable thing.

Q. He said, “ This will do four or five very 
valuable things for the cause of higher education,”  
and “ number 4 ”  is “ it will keep public attention 
focused on the University problem. A rejection by 
you would have much more publicity value than a 
rejection of a man.”  Do you know why he was 
listing this as a medium of greater publicity and a 
very valuable thing? A. Mr. Houston is a mem­
ber of the N. A. A. C. P. and o f the staff, and is 
naturally interested in getting equal opportunities 
for Negroes. He is interested in that as a member 
of the N. A. A. C. P., but that has nothing to do 
with my—

Q. But why did he list that as having a 
greater publicity value?

Mr. Houston: He is asking the witness why 
did I do something.



121

The Court: Objection sustained.
Mr. Hogsett: All right.
The Court: I see it is twelve o ’clock. We will 

take a recess to 1 :15.

(Note: Recess for the noon hour. Court re­
convened at 1 :15 p. m., same day, all present as 
before; whereupon, the following proceedings were 
had herein, to-wit:)

The witness, Lucile Bluford, resumed the stand 
and the cross examination proceeded.

Mr. Hogsett: At the noon adjournment, I had 
just read Respondent’s Exhibit No. 3, being a let­
ter of Mr. Houston to Miss Bluford on January 
27th. I now offer in evidence Respondent’s Exhibit 
No. 4, being a carbon copy of a telegram to Mr. 
Houston, by Miss Bluford.

(Note: Mr. Hogsett then read to the Court 
Respondent’s Exhibit No. 4, and also read Re­
spondent’s Exhibit No. 5, telegram from Thurgood 
Marshall, both being fully set out above.)

Mr. Hogsett: Q. May I inquire who Mr.
Marshall is? A. He is a member of the legal 
staff of the N. A. A. C. P.

Q. His exact status is that of Assistant 
Special Counsel, is that right? A. Yes, that is 
right.

Mr. Hogsett: Now we offer Respondent’s 
Exhibit No. 6, telegram from Thurgood Marshall



122

to Miss Bluford, February 1.
(Note: Mr. Hogsett read same to the court,— 

as fully set out above.)
Mr. Hogsett: I now offer and read Respond­

ent’s Exhibit No. 7, a telegram by Mr. Houston 
to Miss Bluford, February 1.

(Note: Mr. Hogsett read same to the Court, 
as fully set out above.)

Mr. Hogsett: Q. Do you know why Mr. 
Houston felt he owed you thanks for coming down 
to Columbia and seeking admission to the Univer­
sity of Missouri? A. He didn’t owe me any 
thanks, because I had not done anything for him.

Q|. But he does thank you? A. Oh, that is 
his privilege.

Q. Certaintly that is his privilege. I am 
wondering why,—do you know? A. Do you want 
to ask him?

Q. Do you know why? A. No. 1 guess he 
just felt we were trying to open a new door and he 
thought if I was a party to it he would be glad 
of it.

Q. May I suggest that the reason was that 
you were just acting for the Association and that 
he was thanking you for services rendered? 
A. No,—I was not acting for it.

Mr. Houston: Well, I object to that.
Mr. Hogsett: That is cross examination.
Mr. Houston: I can’t help it,—he says, “ May 

I suggest” .
Q. (By Mr. Hogsett) Was it true that you 

were just acting for the Association, in furthering 
its plan? A. I was not acting for the Associa­
tion, and I am not now.



123

Q. But he thanked you?
The Court: She said he did. Let’s get along.
Mr. Hogsett: Now I offer Respondent’s Ex­

hibit No. 8.
(Note: Mr. Hogsett read Exhibit No. 8, as 

set out above.)
Mr. Hogsett: I offer in evidence Respond­

ent’s Exhibit No. 9, being a letter to Mr. Mar­
shall, but I may summarize that because it is large­
ly a copy of wires that have been received,—her 
wire to Mr. McDavid, Miss Benningfield’s reply, 
and enclosing copy of her letter to President Mid- 
dlebush and connnents that Mr. McDavid’s term 
had expired, and copies or puts a clipping in here 
by pasting it, giving the statement by Mr. Canada 
read to her when she applied, and says she will 
send copies of the recent comment appearing in 
the Missourian. “ Say hello to Roy Wilkins for 
me. ’ ’

Now, I offer a letter from Thurgood Marshall, 
marked Exhibit No. 11, dated February 6th, 1939, 
to Miss Bluford.

(Note: Mr. Hogsett read same, as copied 
above, (q. v.))

Mr. Hogsett: I offer Exhibit No. 12, a letter 
of May 4, 1939, to Miss Bluford from Mr. Houston.

(Note: Mr. Hogsett read same, as set out 
above.)

Mr. Hogsett: And Respondent’s Exhibit No. 
13, letter from Miss Bluford to Mr. Houston, dated 
May 13, 1939.

Note: Mr. Hogsett read same, as set out 
above.)



124

Mr. Hogsett: Q. Now in your direct
testimony you said you went to the argument of the 
Gaines case, just as a reporter? A. I did.

Q. But you really went at Mr.— A. I was 
going anyway, as a newspaper reporter. I had 
nothing to do with the Gaines case.

Q. But you were invited to go? A. Yes, I 
was, but I would have been there if that letter 
had never come to me.

Q. Now we have read in evidence the thir­
teen communications which you have disclosed. 
Will you give me the dates of the nineteen letters 
which you have declined to produce?

Mr. Houston: 1 object. I have no objec­
tion to giving the date of the first one, which was 
August 8th, 1939, but as to the others,—if they 
are confidential they are confidential, and it is 
none of his business what they are.

Mr. Hogsett: It has not been established
that they are confidential.

Mr. Houston: They are letters from client
to attorney, and back.

Mr. Hogsett: I submit, if the Court please, 
that is not the fact. This gentleman is not acting 
as her attorney in the ordinary sense but as the 
General Counsel of the National Association, and, 
therefore, any communications between the plain­
tiff and that Association are admissable. If Your 
Honor rules that any particular exhibit, or that 
any part, should be excluded, that is another thing; 
but there is no showing here that they are com­
munications between an attorney and client at all. 
This lady, so far as the record goes, never heard



125

of Mr. Houston until she was referred to him as 
a representative of the National Association. They 
have been quite willing for us to see some letters 
between them, and if there was any point to their 
objection it would be applicable as to those, but, 
for some reason, they do not want us to see other 
letters.

Another point: She has offered and produc­
ed letters from herself to Mr. Marshall, another 
counsel for the same Association, yet when these 
nineteen letters are even so much as referred to 
there is an objection that they should not be dis­
closed. I submit they should be.

Mr. Houston: A  whole lot of my clients, who 
are referred to me, are people that the office never 
heard of,—or they never heard of us,—until some­
body tells us. Now the attorney-and-client rela­
tion having gone into effect, that protects the com­
munications. I think Mr. Hogsett should say, out 
of fairness to the Court and to me, as to this letter 
of January 25th, 1939, which I showed him, and 
my reply of January 27th,—that I told him these 
letters are really confidential communications be­
tween attorney and client. I show them to you, 
however, as the beginning of the correspondence 
so that you will know we didn’t go out after Miss 
Bluford, but that Miss Bluford came to us, and, 
on top of that, I told Mr. Hogsett that I was Miss 
Bluford’s counsel. If Your Honor is not satisfied 
with that, I suggest we have a preliminary exami­
nation, to establish the confidential relationship 
of attorney and client.

My position is this: I am Miss Bluford’s



1 2 6

counsel. I represent a lot of associations, mostly 
dealing with the question of the advancement of 
the rights of my people. However, when I go into 
court I go into court as counsel for the person 
whose case I have. I take no orders from any 
association or anybody else. I exercise my inde­
pendent judgment as an attorney as to the hand­
ling of that case. It makes no difference if I  am 
an attorney for The Christian Front, Miss Bluford 
is protected in her communications with me.

The Court: I think all these letters, written 
directly to this counsel, are privileged.

Mr. Hogsett: Very good.
The Court: The fact that he may have waived 

the privilege on some would not open the door to 
the others. Objection sustained.

Mr. Hogsett: Q. I will pass to another
subject. You, as a newspaper woman, knew of the 
decision in the Gaines case on December 12th? A. 
Yes, sir.

Q. And you knew of the introduction of the 
so-called “ Taylor bill”  in the General Assembly to 
Amend the Act by requiring the Lincoln Univer­
sity to open new departments as needed? A. This 
Taylor bill did not come into being until in the 
spring.

Q. Yes,—but you knew of it? A. Yes, sir.
Q. And you knew that the Taylor bill re­

ferred to the reason for the amendment? A. It 
was passed as a result of the decision.

Q,. Well, the bill shows that. You are famil­
iar with the appropriation act, specifically ap­



127

propriating two hundred thousand dollars for new 
departments at Lincoln University in order to com­
ply with the amendment of the Lincoln Univer­
sity Act,—you knew about that? A. I knew about 
the $200,000.

Q. While those bills were pending in the 
General Assembly, and before either was enacted, 
what was the editorial policy of the Kansas City 
Call, of ■which you were managing editor, with 
regard to those bills? Did you support them, or 
oppose them? A. We opposed the bills.

Q. Now you wrote a great many editorials 
and news items on the subject? A. I wrote news 
items. I don’t write editorials.

Q. Did you write or know about this edi­
torial headed “ Two Schools, Double Costs,”  in 
The Call of February 10th, 1939? (Showing wit­
ness newspaper) A. I knew about it. I didn’t 
write it.

Q. Did you approve it? A. Certainly, I 
approved it.

Mr. Hogsett: I offer it in evidence. I will 
not burden Your Honor by reading it.

Mr. Houston: I think they should be read.

(Note: Said editorial was by the reporter
marked as Respondent’s Exhibit No. 14, was by 
Mr. Hogsett handed up to the Court for reading, 
and is as follows, to-wit:)



128

RESPONDENT’S EXHIBIT NO. 14 

Two Schools, Double Costs

Herded on one side by the mandate of the 
U. S. Supreme Court and on the other by the 
regulations of the North Central Association of 
Colleges, Missouri must proceed straight ahead 
with the equal education of its Negro citizens. 
To provide that, it must either admit them to 
state schools where music, law, medicine, journal­
ism, engineering, agriculture and post graduate 
work are taught, or expand Lincoln University.

To admit Negroes to white schools will be 
less revolutionary than it appears. Already many 
white Missourians go to schools in other states 
along with Negroes. Personal and civic decency 
will make the others share the state schools with 
Negroes from their home towns, especially since 
they already tolerate colored people from Asia.

But if keeping the races separate is so im­
portant to Missourians that coeducation is un­
thinkable, then let them count the cost! because 
Negroes will accept no makeshifts, no postpone­
ments, no evasions! For the moment Missouri 
University is “ not at home”  to receive the man­
date of the supreme court, but the high court 
will not be flouted long.

Disregarding the preferences of Negroes en­
tirely, and deciding the issue to please the domi- 
nent white group that elects the legislators, this 
question of cost is important because the state 
has other demands upon its tax dollar. It has a



129

social security program. The old, the sick, the 
unemployed, the blind will feel the extra burden 
ot expanding Lincoln University into the equiva­
lent to Missouri University. There is the first 
cost of added buildings and equipment, and then 
there is the year-after-year cost of the enlarged 
faculty. This time the state will not be able to 
palm off on Negroes inferior education as it did 
when their only school, the old Lincoln Institute, 
was little better than a high school, and its man­
agement was a political plum given to politicians 
not at all interested in education, or Negroes. 
Whites will not get satisfaction enough out of 
maintaining segregation to offset its effect on 
their own unfortunates.

Missouri has been callous in its indifference 
to Negro education. It even wrote into a law 
that there must be fifteen Negro children in a 
school district before education for them was com­
pulsory on the authorities. But now that the tax 
dollar must serve all the people equally, if good 
conscience does not make the state give Negroes 
education voluntarily, they must demand it. The 
supreme court has stated their rights. They are 
less than men not to insist upon them.

The state legislature should take a statesman­
like view of the question. It should look ahead 
and see the needs of a quarter of a century hence. 
Just as once there was slavery and it passed, today 
race antagonisms are passing. Negroes stand side 
by side with whites in the ranks of labor, within all 
the political parties, and on all levels of accom­
plishment. If Lincoln University is expanded,



130

which it must be as the way out of admitting Ne­
groes to the specialty schools of Missouri Univer­
sity, the millions of dollars of cost will either cut 
off some public services the state now renders or 
add to the tax burden. Since taxes strangle busi­
ness and increase unemployment, a dual system of 
education means paying a high price for race 
prejudice.

Then there is another view of the matter which 
present day America should consider well. Here 
we are admitting that our national prosperity de­
pends on regaining foreign trade. The most of 
the world’s inhabitants are colored people. What 
a chance to gain an understanding of our customers 
by having the two races learn the arts and sciences 
and each other in the same classroom!

Mr. Hogsett: 'Q. Did you either write or 
know about and approve this editorial on page 14 
of The Call for February 17th, 1939, headed 
“ Neither Fair nor Decent!” ? A. I knew about 
that and approved it, absolutely.

Mr. Hogsett: I offer that in evidence, as Ex­
hibit 15.

(Note: Said Exhibit 15 was now handed up to 
the Court, and is as follows, to-wit:)



131

NEITHER FAIR NOR DECENT!

Missouri’s legislature once voted a half million 
dollars to Lincoln University out of any “ unappro­
priated”  school moneys. Not a single dollar of 
that kind existed. The move was a pure cheat.

Now comes house bill No. 195 to make the 
school equal to Missouri University. BUT THE 
BILL PROVIDES NOT A SINGLE RED CENT 
FOR BUILDINGS OR TEACHERS! Is Missouri 
a second time going to make sport of the sacred 
right of citizens to share in public services?

Mr. Hogsett: Q. Did you either write
or know about and approve the editorial in the is­
sue of March 10th, headed “ No Evasion! No De­
lay !” ? (Showing same to witness) A. Yes, sir; 
absolutely. I didn’t write it, but I approved it.

Q. And you approve it now? A. Absolutely.
Mr. Hogsett: I offer that in evidence as Re­

spondent’s Exhibit 16.

(Note: Said Exhibit 16 was now handed up to 
the Court, and is in words and figures as follows:)

NO EVASION! NO DELAY!

Missouri, ordered by the supreme court to give 
Negroes education equal to that for whites, is not 
doing works of repentance. It should provide im­
mediately for Lloyd Gaines and the other Negro stu­



132

dents to get within the state the training they now 
seek outside. Instead, out of the mouth of Mis­
souri University officials, it says it has no knowl­
edge of the court’s mandate. At the same time 
the legislature is at work on laws which be so long 
in producing equal education that in effect the state 
says, “ Let Negroes wait.”

This is serious. The state should act in con­
formity wdth the supreme court’s mandate as an 
example to its citizens. No matter how revolu­
tionary equal education for Negroes may seem, 
Missouri and other states with separate school 
systems should provide equal education cheerfully 
now. That is the law. It is no more to be evaded 
than women’s rights or labor’s equality.

Now that social equality, the bogey man of 
American politics, has entered the legislature’s 
discussion of how to provide Negroes with equal 
education, our faith in its good intentions is shaken. 
Missouri can choose between identical schools, that 
is to permit Lloyd Gaines to enter Missouri Uni­
versity for his law course, or equal schools, which 
means the establishment of a law and other special 
schools at Lincoln University. But it is not free 
to take its time, the thing which it is doing. When 
the fall term of school opens, it must be ready with 
the educational education, required of it by the 
supreme court’s mandate.

Obedience to the law becomes good citizens. 
No matter what prejudices whites have, they 
would not restore chattel slavery. The law has 
induced a change in their personal opinions that 
makes even the thought abhorrent. In similar



133

way ideals first find expression in the law, and 
then come to be the average man’s standard of 
conduct. Missouri is the first state to be re­
quired to give equal education for Negroes. Noth­
ing gives it ground for not obeying the court 
order.

Obedience to the law is for all citizens, black 
and white. If white opinion does not compel the 
authorities to give equal education at once, then 
Negroes warned by the failure of the present law 
to work well, should take up the fight. They have 
their interest to serve. But more than their ad­
vantage, they have the duty to establish the prin­
ciple for the sake of all the people. Equal edu­
cation, ordered now for Lloyd Gaines and Negroes, 
if it works out as did the 14th amendment, will 
serve white men as well as Negroes.

Missouri must be lifted to a higher level of 
service to its citizens, whether it is willing or not. 
This two-level civilization which prevails where- 
ever separate schools are, is hurtful. The pre­
pared man maintains himself and has something 
left over to contribute to society. The unprepared 
man has to be helped, and is to that degree a 
brake on the wheel of progress. The fact that 
it is not Negroes’ fault that they started behind 
the rest of their fellow countrymen will not ex­
cuse them for staying behind contentedly. At 
whatever cost, now that the way is cleared, they 
must scramble onto the broad highway of life, 
where they can give and take, serve and be served 
as are their fellow citizens.



134

It is Missouri’s fault, not the Negro public’s, 
that they are skeptical of the Taylor bill now 
under consideration in the lower house of the 
legislature. With promises as definitely stated, 
the 1921 law has never made education equal for 
both races. In fact for 13 years of that time it 
did not make Lincoln University good enough to 
be accredited. In similar manner the state law 
governing elementary schools has not given all 
Negro children a chance to learn the three R ’s. 
Missouri has not earned the right to Negroes’ 
faith. Now that the supreme court has shown 
them how much they have been cheated, let them 
demand their rights! No evasion! No delay! It 
is not their fault that the state has kept their 
schools inadequate.

Q. (By Mr. Hogsett) Did you write or know 
about and approve the editorial in the issue of 
March 17th, 1939, headed “ He Who Is Not With 
Us— ” ? A. Yes,—I approve of that one, too.

Mr. Hogsett: We offer that in evidence.

(Note: Same was marked by the reporter
as Exhibit No. 17, was handed up to the Court by 
Mr. Hogsett, and is as follows, to-wit:)

He Who Is Not With Us—

For Missouri, surprised by the supreme 
court’s order to make education equal for Ne­
groes, we have understanding—and sympathy. 
Old habit is not easily put aside for law. But



135

from Negroes, for whom the Gaines decision is 
all advantage, we expect only enthusiastic ap­
proval. Their every instinct makes them want the 
equality the law calls for. For that reason we 
condemn those among us who give aid and com­
fort to the state in its delay and evasion of the 
plain letter of the court order. We are saved 
from thinking our race worse than other men 
only by remembering that Christ had his Judas, 
and the Revolution its Benedict Arnold.

A Negro is not to be forgiven who chooses 
this time to say he prefers Negro teachers for 
Negro pupils. That is not the issue, it is equal 
education. Since Negroes to conduct at Lincoln 
University schools of law, of journalism, of medi­
cine, and what not are not available immediately, 
comment of this sort offers excuse for the delay 
and evasion upon which the state seems intent.

The supreme court says Missouri must either 
create separate schools to bring education for Ne­
groes up to that for whites, or admit them to 
the school it has already. No third choice, post­
ponement, is given it. None should be suggested, 
least of all by a Negro.

Alongside these apologists who by diverting 
attention from the issue, endanger the educational 
future of Negroes in Missouri and in every state 
where there are separate schools, stand those who 
keep saying “ These white folks will never give 
us equal schooling.”  The most pitiful object in 
the world is a man who is slave to his own fears. 
Wat Tyler and a thousand brave souls of ours 
were slaves in body before emancipation, but free



136

in spirit. These doubters are slaves yet. The 
highest court in the land tells them they have 
equal rights, still they are such weaklings that 
they hesitate to ask for their own. They shut 
their eyes and say they cannot see the sun.

Happily for the race and for the nation, the 
majority of Negroes are either Uncle Tom or 
Doubting Thomas. They are not servile oppor­
tunists, nor cowardly quitters. Negroes vote in 
Missouri. Whether the balance of power or not, 
they have the ballot with which to express their 
opinion of the man who make the laws and of the 
men who enforce them.

From Governor Stark down to the Represen­
tative Taylor of Chariton County, Negro votes 
helped the dominant party in the state to win 
the election. They now ask what the law gives 
them. The administration is not giving them 
their due when it provides $600,000,—$200,000 for 
added facilties and $400,000 for usual purposes at 
Lincoln, where Missouri University is given $4,- 
000,000. For the moment the administration may 
say it believes these Uncle Toms and Doubting 
Thomases of our express our sentiment. But we 
will see to it that it is not mistaken long.

From every pulpit in this state should thun­
der the determination of Missouri Negroes to 
have what the supreme court awarded them, name­
ly equal education wherever a single tax dollar 
is spent for educating anybody. Every leader 
among us must stand and be counted. I f he is 
not with us, he is against us. Let enemies within 
and without feel our disapproval.



137

Of course, now that the supreme court has 
spoken, it is possible for a single Negro to go 
back to it and get it to require obedience to its 
mandate. But Negroes’ rights ought also find 
support in what they themselves can do. We are 
no longer creatures of the law, and wards of the 
government as we were in 1870. Nearly all of 
us have been citizens all our lives. We must act 
like citizens.

Let enemies of Negro education beware, be 
they black or whites. With the possibility before 
us not only of winning equal education here for 
all time to come, but also of setting a precedent 
that will give it to our brethern in Alabama and 
Mississippi, we are fools not to strike while the 
iron is hot. Negroes by the thousands voted for 
the men in office. In every county, let them go 
to the county Democratic leaders and make known 
to them that their people will not suffer the su­
preme court’s mandate to be evaded, without it 
being viewed by them as an unfreindly act. Let’s 
tell the state chairman, and the state committee, 
-fell every man who will run for office in 1940 
that now in 1939 is his chance to prove he wants 
our support. Schools are not in politics, but the 
authorities who vote them money and operate 
them are in politics. This is no time for stopping 
to argue with our cowards and quitters. Fair- 
minded whites are asking what Negroes want. 
We know we are right. We know the majority 
of us want everything which whites have under 
the law. Face the front when the real fight is ! 
Go after the Missouri authorities! As Farragut



138

said at Mobile when he was engaged in the 
struggle that brought Negroes their freedom, their 
citizenship and their need of education, “ Damn 
the torpedoes! Full speed ahead!”

Q. (By Mr. Hogsett) Did you write or know 
about and approve the editorial in the issue of 
March 24th, 1939, headed “ Only One Thing To 
D o” ? (Showing paper to witness) A. Yes, that 
is all right.

Mr. Hogsett: I offer that in evidence.

(Note: Said editorial article was by the re­
porter marked as Exhibit No. 18, and is as follows, 
to-wit:)

ONLY ONE THING TO DO

Because Missouri has only one law school, 
it has only one way of obeying the supreme court’s 
order to give Lloyd Gaines an education in law— 
it must admit him to Missouri University. Given 
time enough it could create a separate school. 
But there is not time. Law school opens this fall.

The situation is providential for the state. 
It has never attempted co-education of the races. 
When Gaines enters Missouri U., the authorities 
will learn by actual experiment facts that will be 
invaluable to the people of the state in making 
the permanent plan for equal education of 
Negroes.

Missouri may find that a Negro can attend 
Missouri University with no more trouble than the



139

adjustments that follow any innovation. It may 
find that his attending there is such a saving that 
a separate set-up is impractical.

Steps taken so far by the school authorities 
and by the state legislature indicate that they are 
reluctant to try co-education. But there is no 
alternative! If the fear that their white consti­
tuents will object, this necessity from which they 
cannot escape “ saves their faces.”

Our guess is that the white students at Mis­
souri University will make no fuss whatever about 
a few Negroes. White Missourians go away to 
Harvard and Columbia where they know in ad­
vance Negroes are in attendance. The same tol­
erance will be shown at home.

Q. (By Mr. Hogsett) And on the front page 
of that same issue and the by-line—that is the word 
you have— A. Yes, sir.

Q. Under your by-line, “ Lucile Bluford,”  
did you write the article headed “ John D. Taylor, 
Missouri’s Bilbo,”  in which you castigated the 
author of this bill to increase and open new de­
partments n Lincoln University? A. Did I write 
it?

Q. Yes. A. Yes, sir; indeed.
Mr. Hogsett: I offer that in evidence.

(Note: Said article, also appearing in the 
March 24th, 19S9. issue of The Call, was now



140

marked as Exhibit No. 19, was handed up to the 
Court, along with Exhibit No. 18, above; said last 
named exhibit being as follows, to-wit:)

JOHN D. TAYLOE, MISSOURI’S BILBO 
By Lucile Bluford

Jefferson City, Mo.—On the floor of the 
house, Chariton County’s John D. Taylor once 
described himself as “ an unreconstructed rebel.’ ’ 
He justified his right to that title Monday night 
at the special hearing on Lincoln University’s ap­
propriation held in the State Capitol building.

Arriving late at the hearing at which he, as 
chairman of the appropriations committee, was 
to preside, Taylor “ reared”  back in his chair, 
puffed vigorously on his long cigar and chatted 
with persons near him while the Lincoln U. presi­
dent was making his appeal for increased funds.

But the “ rebel”  in him did not come out in 
full bloom until near the end of the hearing when 
he “ spoke his piece”  to the dissatisfaction and 
disgust of most people in the legislative hall. Some 
of his fellow lawmakers expressed displeasure at 
Taylor’s attitude

After making two apologies, Taylor launched 
into a one-man filibuster and, like all filibuster- 
ers, he attempted to confuse the issue.

Eight on the heels of Dr. Scruggs’ masterful 
description of the hazardous conditions at Barnes- 
Krekel hall, which the fire marshal and building 
inspector have called a firetrap, Taylor began to 
speak of the beautiful new girls’ dormitory (Ben­



141

nett Hall) erected on the Lincoln U. campus last 
year.

Confuses the Issue

How does the new dormitory, which houses 
92 girls, help the 105 girls who live in old, di­
lapidated Barnes-Krekel hall? Because some of 
the gii’l students are in a new, fire-proof building, 
does that make the “ firetrap”  any less hazard­
ous? To follow Mr. Taylor’s reasoning, if a per­
son has two broken arms and has one of them 
set and put in a cast, no attention needs to be 
given the other arm at all.

Mr. Taylor thought he made several points but 
everything he said was as lacking in good judg­
ment as his statement about the new dormitory. 
Not that the Negroes all over the state don’t 
appreciate the new dormitory. It is a beautiful 
building and serves a dire need at Lincoln U.
but the other arm”  has got to be put in a cast, 
too.

Taylor brought the new dormitory into the 
picture in an effort to cloud Dr. Scruggs ’ stirring 
appeal for a new dormitory—an appeal backed 
by the reports of the fire marshal and building 
inspector calling the building in use now a fire- 
trap.

‘ Enough for Negroes’
Taylor defended the $406,000 appropriation 

his committee has recommended for Lincoln as 
“ enough for Negroes.”  Trying to justify this 
small appi opriation, he used the weak argument



142

that Lincoln U. with its enrollment of 631 stu­
dents gets more per capita than the University 
of Missouri with an enrollment of 5,000.

Mr. Taylor did not let himself think or he 
would have realized that a dual educational sys­
tem always is expensive. Whenever there are 
separate schools, there is double expense. Neither 
did the representative from Chariton County take 
into consideration the universally known fact that 
the education or anything else provided for a small 
group is just as expensive as that for a large 
group. The same basic equipment in a labora­
tory is needed for five people as for twenty people.

With adequate facilities for their housing, 
Lincoln U. could take care of twice as many stu­
dents at the same cost that it cares for 631. And 
if the school were given the needed $1,403,000 to 
make it a first class school, twice as many stu­
dents would be attracted to Lincoln U.

Taylor said that since 1933 Lincoln Univer­
sity’s appropriations have been increased.

“ But,”  he said, “ we are faced with new con­
ditions in Missouri this year, because of certain 
litigation which you all know about. We are 
faced with new conditions. Instead of building 
the school from the bottom to the top, we now 
must build from top to bottom and from bot­
tom to top all at the same time.

Building Program Neglected

The obvious answer to such a statement is 
that the legislature has had 18 years to build Lin­
coln from the bottom to the top, but has not 
done so. The state has let the building program



143

slide to a disgraceful “ low.”  Imagine a first class 
school without a library building, with no hospital, 
with broken down buildings and makeshift trade 
departments.

Taylor openly expressed his disapproval of 
the supreme court’s decision that Negroes shall 
attend the University of Missouri in the absence of 
another law school provided for them within the 
state.

“ It has been the policy of this state for 100 
years,”  he said, “ to provide separate schools for 
the two races and it is my forecast that that 
policy will still be maintained.”

Speaking more directly of the Gaines case, 
Taylor said, “ We must build from top to bot­
tom (referring to professional and graduate 
courses) to meet the demands but we realize we 
must continue to build from the bottom. We in­
tend to meet the question fairly and squarely. ’ ’ 

“ We have no race question in Missouri,”  
Taylor said. “ There never has been and never 
will be. Any trouble will come from outsiders.”  

To crown his speech of many stupidities, Tay­
lor said that 981/2 per cent of the Negroes in 
Missouri want separate education. They don’t 
want to go to school with whites, he said.

Likened to Bilbo

That statement reminded one of a similar 
one made in Congress recently by Mississippi’s 
Bilbo, who, in presenting his bill to send Negroes 
‘ back”  to Africa, said that he had a petition 

signed by one million Negroes who are in accord 
with his plan. Bilbo could not name but one of



144

those persons, however, and nobody has ever seen 
his “ petition of a million names.”  Taylor “ knows 
not whereof he speaks.”

Taylor concluded his tirade by saying he 
would like to see a good vocational school built 
at Dalton, which is located in his county. Yet 
two years ago, Taylor, then, as now, chairman of 
the appropriations committee, refused to increase 
Dalton’s appropriation to include a needed class­
room building. Although petitioned by citizens all 
over the county and the state to grant Dalton 
more than the $20,000 which he thought was enough 
for two years, Taylor refused to include more 
funds for a building. It was only through the 
fair-minded senator from that section that the 
Dalton appropriation was increased to $65,000 
after the bill reached the senate. The new $35,- 
000 building at Dalton was obtained “ over the 
head”  of Mr. Taylor. His statement that he 
wants to see Dalton developed into a good voca­
tional school and his actions toward making such 
a school possible don’t tally. And Dalton is in his 
home county. If he doesn’t look after the in­
terest of Negroes in his own county any better 
than that, what does he care about Negroes in 
other counties 1

If Bilbo moves to Africa to start the “ colo­
nization”  of Negroes, he should take Taylor as his 
companion.

By Mr. Hogsett: Q, Did you either write
or know about and approve the editorial in the is­



145

sue of March 31, 1939, headed “ Good Americans 
Obey Law?”  A. Yes, sir.

Mr. Hogsett: I offer that in evidence.

(Note: Said editorial was marked as Re­
spondent’s Exhibit No. 20, and is as follows, to- 
wit:)

Good Americans Obey Law

Such is our faith in white Missourians, in 
their obedience to law and their judgment of values, 
that in discussing the Gaines case we have as­
sumed they would choose one or the other course 
approved by the supreme court for giving Ne­
groes equal education.

But Missouri may refuse to obey the court! 
The dominant majority may put its wishes above 
law! It can do that because law is no dictator 
compelling obedience by force. It depends upon 
the people standing by their principles, of which 
the law is the embodiment.

If Missouri refuses—or delays, which is re­
fusal to a degree—whites will be the greater los­
ers. They will undermine and nullify the work 
of Jefferson and Washington and Franklin. The 
blood shed at Yorktown and Gettysburg, and all 
the labors of liberty-loving Americans since the 
nation was founded will be sacrificed for the sake 
of a custom their logic could not justify to a 
fair-minded court. They will destroy America’s 
soul!



146

Whites, not Negroes, have the most at stake 
in the state’s response to the supreme court’s man­
date. If the blacks do not get equal education, 
they can continue on as they are, making progress 
which observers all say is marvelous. But for 
whites the refusal is a thrust at principles, at 
the Constitution, the finest system yet devised for 
human relations. Having been interpreted to re­
quire equal education for Negroes, refusal by Mis­
souri is a sitdown strike, an inexcusably lawless 
violation of the very Palladium of American lib­
erty. White supremacy attempted by such a 
course is as impossible as for a man to achieve 
goodness by first selling his soul to the devil.

We hope the white people of Missouri realize 
the grave responsibility that is theirs as a result 
of the Haines decision. Neither race nor posi­
tion excuses any good American from obeying the 
law. Missouri can no more deny Negroes equal 
education today than it could keep slaves after the 
emancipation. Law and disobedience to law can­
not prevail at the same time.

Mr. Hogsett: Q. And in that same issue,
on the back page, did you reprint the article with 
your by-line “ John D. Taylor, Missouri’s Bilbo” ? 
A. That is the same article but reprinted in an­
other issue.

Mr. Hogsett: Yes,—I will not offer that again.
(Note: Said paper, containing editorial

marked Exhibit No. 20 set out above, was now 
handed up to the Court by Mr. Hogsett.)



147

Q. (By Mr. Hogsett) Did you write or know 
about and approve the editorial in the issue of 
April 21st, 1939, under the heading “ We Also 
Are to Blame” ? A. That is about the inequali­
ties in his home town, in the school system. Yes, 
sir; I approve it.

Mr. Hogsett: We offer in evidence that edi­
torial.

(Note: Same was marked as Respondent’s
Exhibit No. 21 and is as follows, to-wit:)

We Also Are To Blame

A part of wisdom is being wise in time. Some 
time ago when the health authorities condemned 
the old fashioned outdoor toilet facilities of their 
school at Keytesville Negroes had their chance to 
have gotten modern facilities. Mark what has fol­
lowed :

From Keytesville comes John D. Taylor, a 
member of the state legislature who has sponsored 
the two bills which are the state’s offer to Ne­
groes in response to the supreme court’s decision. 
Nothing is more natural than that Taylor judges 
the metal of Negroes all over the state by what 
he knows of his home town. His effort to re-enact 
the student aid provision which was definitely 
outlawed expresses his contempt. His $200,000 to 
establish at Lincoln University all the branches 
of training it lacks as compared with Missouri 
University is nonsense. Had he learned at home 
that Negroes have “ hands, organs, senses, affec­



148

tion, passions,”  lie would not have done as he has.
A  favorite story in the old time school reader 

is of the little Dutch boy who discovered a leak 
in the dike which held back the North sea from 
his country. No coward he, no dilly-dallier either. 
He stuck in his hand and filled the hole until 
help came and the community was saved. These 
Chariton County folk of ours should have earned 
Taylor’s respect long ago, so that now he would 
not think of fathering bills which, besides showing 
his disregard for law, indicate his poor opinion 
of them.

John D. Taylor has ambitions, he once ran 
for Congress. He must be taught a new concep­
tion of the rights of Negroes, or when he gets 
a bigger place he will repeat his present attitude.

Mr. Hogsett: Q. Did you write or approve
and know about, as managing editor, the edi­
torial dated April 28th, 1939, and headed “ Tend 
To Your Own Business” ? A. I didn’t write it. 
(Looking at same). Yes, I approve it.

Q. You, as managing editor, have got to ap­
prove an article or it can’t appear? A. No, Mr. 
Franklin writes the editorials. I have to do with 
the news policy.

Mr. Hogsett: I offer in evidence Respond­
ent’s Exhibit No. 22.



149

(Note: Said editorial, marked Exhibit No.
22, is as follows, to-wit:)

Tend To Your Own Business

We fear Negroes in Missouri do not realize 
the responsibility that is theirs because the test 
case for their people’s equal right to every public 
service was brought here. Lloyd Gaines, in win­
ning the right to a law education in a law school 
maintained at Missouri’s expense, opened up for 
his people “ equal”  education not only at the 
college level, but for the smallest child in the ele­
mentary grades.

Unless logic is a dead end street, the prin­
ciple laid down by the supreme court for Gaines 
will bring to Negroes also equal right to every­
thing else provided out of public moneys. Never 
did a basket hold more precious eggs than this 
Gaines case, both for us in this state and for our 
brethren in states wherever segregation prevails. 
No longer can a public park display a sign, “ Ne­
groes and dogs keep out.”

But the law is not self-cocking and self-shoot­
ing. We have the decision, but we must see that 
it is put into effect. We sound the warning now 
that the Gaines decision is going to bring Negroes 
only what they make it bring. Every inch of the 
equality that is lawfully theirs will have to be 
wrested from stubborn custom. That will be no 
easy task. No mere wishing, no secondary inter­
est, no part time effort will make a school dis­
trict give a Negro child a good schooling under 
competent teachers, where ever since the Civil War 
it has gotten by with only a pretense of an ele­



150

mentary school and no high school at all for them.
Besides equality in schooling, all public ser­

vices provided for whites but denied wholly or in 
part to Negroes, can be gotten now that the prin­
ciple is established that the whole public is en­
titled to whatever is paid for out of taxes. With 
this the situation, the Negroes of Missouri have 
a great responsibility for their brethren wherever 
segregation limits them in their citizen rights be­
cause Missouri’s example will affect other states.

Missouri Negroes have their chance. Some 
have shown their metal, for which hallelujah! By 
the hundreds they have gone from all parts of the 
state to the capitol and stated their unalterable 
determination to get what the Gaines decision says 
is their lawful right. But by the thousands they 
have said nothing!

If these thousands do anything, it will be more 
than they have been doing. Missouri is a state 
whose control has changed hands by narrow mar­
gins. It is a state important enough to count in 
national elections. But where their people in Kan­
sas with a smaller percentage of the population 
and a smaller vote get major as well as many minor 
recognitions, Missouri Negroes have been too busy 
working for “ white friends”  to look after their 
own interests. For blind self-effacement they are 
the tops. What fools!

All other Americans use the party system to 
further their interests. So should Negroes. Any 
party, any faction can he made to hear. But be­
fore it can hear it must be told what is required of 
it. All honor to the few who have gone their full



151

length in order to get for their people the benefits 
of the Gaines decision. But until they are multi­
plied manyfold by the rest of the group, they can­
not be effective.

These loud mouthed partisans and factionalists 
of ours who bray so vociferously in order to estab­
lish themselves with whites, need to awaken to the 
fact that this Gaines decision depends for its effec­
tiveness on Negroes, and that not one of them can 
be spared now from working in his race’s interests. 
It is time enough to be Republican or Democrat, 
organization or opposition, after we have knocked 
over the limitations segregation puts upon Negroes.

Q. (By Mr. Hogsett) Did you write or know 
about and approve the boxed front page editorial, 
on the first page of the April 28th issue, under 
the heading “ Europe, a Warning to Missouri 
Against Being Led by Race Hate” ? A. I didn’t 
write that,—it meets my approval, however.

Mr. Hogsett: I offer that in evidence.

(Note: Said newspaper, The Call, April 29, 
1939, was now handed up to the Court, the boxed 
front page editorial”  referred to being marked as 
Respondent’s Exhibit No. 23 and being as follows:) 
EUROPE, A WARNING TO MISSOURI

AGAINST BEING LED BY RACE HATE 
The legislature, by passing John D. Taylor’s 

bill 195, has made its choice ri  the way in which



152

the state shall give to Lloyd Gaines the “ equal”  
education required by law. Had it done nothing, 
both races would have used present facilities. The 
legislators voted for a continuation of separate 
schools, but did not take the next logical step and 
appropriate sufficient money to make Lincoln Uni­
versity for Negroes the equal of Missouri Univer­
sity for whites. Neither did they arrange for 
Negroes to get “ equal”  education now while the 
schools for graduate work are being established.

Missouri should obey United States law, and 
do it with all the heartiness it expects of its citi­
zens in obeying state law. It has a perfect right 
to prefer a dual school system. But the schooling 
for Negroes must be as good and as accessible as 
that for whites. The legislature, by the Taylor 
bill, and by the failure to provide a way in which 
Lloyd Gaines can begin his education next term, 
flouts the law. The one hope for law observance 
is that Governor Stark will use his power of veto. 
There is plenty of ground for the Governor vetoing 
bill 195. It re-enacts the student aid provision of 
the old law, which was declared unconstitutional.

This whole matter is being considered as an 
incident. The truth is that it is an epoch, a new 
one in which equality of every public service paid 
for out of taxes is going to be required. This is a 
time for statesmanship, not for petty politics of 
the type that has put Missouri in the attitude of 
thumbing its nose at the supreme court. If Lloyd 
Gaines, a Negro citizen, must be given “ equal”  
education at the college level, the same holds for 
the Negro child in the elementary grades, and for



153

the Negro citizen in whatever else the common­
wealth does for the citizen. For Missouri—and 
some other states—this is an entire change of cus­
tom. No longer can “ good enough”  be put off on 
Negroes. The change will be so revolutionary that 
this is the time for wise leadership. The legisla­
ture’s move is the worst possible, it goes counter to 
an interpretation of the law from the highest au­
thority. Negroes—and law-abiding whites too— 
are bound to call the supreme court’s attention to 
Missouri’s disregard of its order.

For this time, which could he used for action, 
to be wasted in passing laws which are a postpone­
ment of compliance with the supreme court’s man­
date, does not keep Missouri from having to com­
ply later. The Governor by vetoing bill 195 can 
save our state from the shame of being flagrantly 
disobedient.

Missouri has the right to continue its separate 
school system from the bottom to the topmost level. 
But if it acts honestly it will not penalize Negroes 
for that choice, and offset the higher cost of a dual 
system by stinting the Negro schools. That has 
been the past practice. It was to correct that policy 
that Lloyd Gaines appealed to the courts, and the 
court answered unequivocally that the practice is 
unlawful.

Therefore for the legislature to re-enact the 
student aid provision of the old law which was spe­
cifically declared unconstitutional, is the same as 
Missouri saying it defies the court and disobeys 
the law. Even those persons who consider it their 
divine mandate to keep Negroes down will hardly



154

defend the effort when it costs that attitude toward 
the law. What a shame it will be for America, 
the land where Jefferson and Franklin worked out 
the best system of human relations ever on earth, 
to throw away the spirit of the constitution within 
a century and a half for the sake of keeping 
Negroes out of “ equal education.”

Present conditions in Europe demonstrate how 
a breakdown in public conduct grows out of race 
hate. Missouri too dearly for its contempt for 
Negroes when it leads to disregard for law.

In discussing this matter, we have made no 
mention of its political implications. But the party 
in power in this state is there with a majority of 
Negroes its supporters. In the discussion of 
Taylor’s bill, Negroes appeared before both the 
House and Senate in protest, coming at their own 
expense from the far corners of the state. One 
lone Negro, a petty state employe, favored the bill. 
Not one white person appeared at the hearings 
except to oppose it. If this measure becomes a 
law, the Democratic party in Missouri will have 
furnished the opposition with a club in 1940.

Mr. Hogsett: Q. Do I gather that based 
upon the circumstance that Missouri was consider­
ing a law to make it mandatory upon part of the 
Lincoln University Curators to equalize the cur­
riculum and courses of instruction in Lincoln 
with that of the Universiy of Missouri, that 
you thought that was a basis for race hatred? 
Do you really mean that? A. I do. In passing



155

the Taylor bill, Missouri was trying to evade the 
Supreme Court decision in the Gaines case. The 
only reason that you passed the bill was to keep 
from complying with the spirit of the decision of 
the Supreme Court.

Q. Well, of course, you don’t believe in race 
separation, which is the state policy? A. Race 
separation, if it is equal, is all right.

Q. While we are on that subject: If there 
had been a good Journalism school open at Lincoln 
University, on an absolute equality with the one at 
Missouri University, would you have wanted to go 
to it? A. If the Journalism School at Lincoln 
were absolutely equal to the one at the University 
of Missouri, regarding plant, faculty, library and 
having facilities such as are open for the white 
students at the University of Missouri, I would go 
to the Lincoln University—I would have to.

Q. Then why were you throwing all those 
brick-bats, stones and obstacles at the attitude of 
the State for doing exactly that? A. The State 
had not done it. The school was not there.

Q. Lou mean, by that, that you didn’t even 
want the Taylor bill to be passed so that there 
would be a school there? A. The Taylor bill was 
weak in that it had no teeth in it. It was two or 
three words changed from the law in effect before 
the Gaines decision was handed down, which 
provided for the establishment of departments and 
schools at Lincoln. The fact that you changed two 
or three words to make it mandatory didn’t assure 
me that any school you would put up there would 
he equal to the school at the University of Missouri.



156

Q. Then if what you wanted was more than a 
change to mandatory direction, why didn’t you ask 
for that, instead of opposing the whole idea? A. 
We didn’t oppose the whole idea.

Q. You say you didn’t? A. We did not say 
that we did not approve of a School of Law at 
Lincoln University. You will never find that we 
have said that, or that we have told Missouri how 
they should apply the Gaines decision. We have 
said that if Gaines was not admitted to the Mis­
souri University Law School that the School at 
Lincoln should be on an equal footing. We have 
never said that Gaines should be admitted to the 
University of Missouri, unless there was not an 
equal school for him to go to.

Q. But in this editorial barrage you were en­
deavoring to create race hatred? A. No.

Q. At least, you intended to destroy the at­
titude of the State to equalize— A. The Taylor 
bill, itself, —

Q. Wait a minute, —to equalize Lincoln Uni­
versity with Missouri University, and yet you say 
here that you were receptive to the idea of good 
Journalism instruction? A. The Taylor bill did 
not provide—

Mr. Houston: The editorial speaks for itself.
Mr. Hogsett: Yes, —let it speak for itself.
Mr. Houston: That is the very objection that

I have to the manner of putting in this evidence, 
and why T requested that the editorials be read to 
the Court.

The Court: Objection sustained. I think this
part is argumentative anyway. I would have 
sustained it sooner, if the objection had been made.



157

Q. (By Mr. Hogsett) You not only opposed 
—you as an individual and as a managing editor 
opposed the Taylor bill to amend the University 
Act and you opposed—without introducing any 
more newspaper comments and editorials—you op­
posed the appropriation bill for $200,000! A. Be­
cause it was not adequate.

Q. You did oppose it! A. We didn’t op­
pose it as such, but because it did not provide suf­
ficient funds to create equal departments at Lincoln 
University.

Q. As a matter of fact, were you on a com­
mittee that went before the appropriation commit­
tee and opposed any sort of bill of that kind! A. 
We didn’t oppose it but only that particular—

Q. Were you on the lobby committee! A. 
We didn’t have a lobby committee. Some people 
from Kansas City came down and I was among 
them.

Q. You were opposing the appropriation act, 
entirely! A. Because it was inadequate.

Q. How much did you think it should be!
Mr. Houston: I object—all right, go on.
A. The bill provided $200,000 for additional 

departments and schools which may be requested 
or demanded at Lincoln University. At the same 
time, more than three million dollars was appro­
priated for the University of Missouri. Now 
there was no way the Board of Curators of 
Lincoln could take $200,000 and provide a School 
of Law, a School of Medicine, a School of Journal­
ism, and all the other schools that might be de­
manded by Negro students, — on the sum of $200,-



158

000. That is not enough for a first class law 
school, let alone the other departments. That is 
why we opposed the bill.

Q. Do you know whether there had been any 
demand at all for any of these things you are 
talking about, except the demand by Mr. Gaines, 
for legal education? A. Mr. Gaines—

Q. Please answer the question. Had there 
been any demand that you know anything about, 
by any Negro, for any of these things you are talk­
ing about, except Gaines? A. Where?

Q. At Lincoln University. A. I don’t know 
that Gaines had applied for a legal education at 
Lincoln University.

Q. Do you know whether there had been a 
demand on Lincoln University for anything more 
than they had? A. I don’t know, because I am 
not at Lincoln University.

Q. Now did you write this article which ap­
peared in the Kansas City Call of February 3rd, 
1939, under the by-line “ By Lucile Bluford”  and 
under the heading “ Nothing Will Happen When 
Negro Student Is Admitted to M. U .” ? A. I 
wrote that after I came to the University campus.

(Note: Said article was marked by the re­
porter as Respondent’s Exhibit 24, was handed up 
to the Court by Mr. Hogsett, and is as follows, to- 
w it:)



159

NOTHING W ILL HAPPEN WHEN NEGRO 
STUDENT IS ADMITTED TO M. U.

By Lucile Bluford

Those who fear trouble if a Negro student at­
tends the University of Missouri may rest at ease— 
There will he no trouble, no violence of any kind.

That is the one significant thing that my at­
tempt to enroll brought out.

After spending two hours on the M. U. campus 
as a prospective student, I am thoroughly con­
vinced that the students are not perturbed over a 
Negro’s entrance. I found the students no differ­
ent from those at K. U. where I was a student for 
four years. Some are friendly, most of them in­
different. I found no animosity.

During all the time that I was on the campus, 
students passed me on the campus sidewalks, in the 
halls, on steps with hardly a glance. They paid 
no more attention to me than to any other new 
student enrolling for the first time. When I asked 
my way about the campus—looking for Jesse Hall, 
the registrar’s office, the enrollment room—they 
answered my questions politely as if my being 
there was a matter of course.

Only one student flushed when he saw me. It 
was the young man who was handing out enroll­
ment blanks at the door leading to the room in 
the university library where students enrolled. 
When he saw me approaching the journalism en­
rollment room, he fingered the enrollment blank, 
not knowing whether to give it to me or not. His



160

embarrassment was relieved when I told him I 
wanted to see Dean Martin.

Dean Martin was very cordial. He said that 
he had received my transcript, that I had had 
enough journalism courses at K. U. to allow me 
to begin work on my master’s degree. I could 
not enroll, however, without a permit to enroll 
which had to be obtained from the registrar’s of­
fice. I was refused the permission to enroll.

I talked to several journalism students who 
are on the staff of the Missouri Student, official 
student publication. One of the students expressed 
surprise that I had been denied admittance. “ Isn’t 
that mandate here?”  he asked.

A member of the journalism faculty said that 
the professors and instructors had no objection to 
teaching a Negro. “ We are here to teach the 
students who come here,”  he said. “ It makes no 
difference to us who they are.”

A journalism student who is correspondent 
for a press service asked whether I worked for The 
Call. When I told him I did, he said, “ It ’s the 
best weekly in the state.”  Surprised that he knew 
of The Call, I asked, “ Do you read it?”  He an­
swered, “ Of course.”

Then he told me that he had. heard that it was 
planned to keep the mandate away from Columbia 
for at least two years. “ Some system, isn’t it?”  
he commented.

After being “ in the field”  for five years, I 
think it time to “ brush up”  in my profession. 
That’s why I planned to return to school. My 
logical choice is M. IT.



161

Missouri has the strongest school of journal­
ism in the country. It was the first established 
in the United States. Students come from all over 
the world to study journalism in Missouri.

While I was waiting in the registrar’s office, I 
saw students from many foreign countries receive 
their permits to enroll. There was one boy from 
Portugal who wanted to study journalism. He was 
admitted.

During the first semester of this year, Mis­
souri U ’s student body had representatives from 
11 foreign countries, all of the states in the Union 
and every county in Missouri. There were nine 
students from Canada, six from China, five from 
Hawaii, four from Turkey, three from Porto Rico, 
two from Panama, two from Albania, one from 
Cuba, one from Cyrpus, Mexico, and one from the 
Philippine Islands. I am a resident of Missouri.

Last semester there were enrolled 172 students 
from Illinois, 100 from New York, 64 from Okla­
homa, 56 from Kansas, 53 from Texas, 47 from 
Iowa, 40 from New Jersey, 28 from Arkansas, 27 
from Colorado, 24 each from Pennsylvania, Min­
nesota and Nebraska, 20 each from California, Con­
necticut and Michigan.

They come from everywhere to Missouri U. I 
live in Missouri.

Mr. Hogsett: Q. Now, aside from the 
position which you and the Kansas City Call took 
on the Taylor Bill and the appropriation act, what 
position did the National Association for the Ad­



162

vancement of Colored People take in regard to 
those two bills? Did they support them or oppose 
them? A. I don’t know that we had any articles 
in which the N. A. A. C. P. took a stand on the 
Taylor bill, but they would have had the same view 
that we had,—that it wasn’t adequate and did not 
really comply with the Gaines decision.

Q. Then you and the Kansas City Call and 
the National Association were opposing the effort 
of the State to require new departments at Lincoln 
as needed, and opposing the appropriation of 
money, and yet you are here complaining because 
Lincoln University has not opened a new depart­
ment of Journalism.

Mr. Houston: I think the fair way is to say 
“ opposing it for the reasons stated.”

The Court: Well, objection sustained.
Mr. Hogsett: Q. Now are you interested 

in Journalism, or in lending your name to an or­
ganized movement of the National Association to 
break down the State policy of race separation in 
higher education? A. I am primarily interested 
in studying graduate Journalism courses at the 
University of Missouri for the reason that I need 
such training in my work. Incidentally, it is my 
desire, if my application to the University of Mis­
souri can help erase some prejudices and discrimi­
nation against my people I have no objection to 
that, but I am primarily interested in getting grad­
uate training in Journalism. That was my purpose 
in applying. I had no other intention or feeling at 
that time, because I thought I would be admitted 
after the Gaines case was decided. I thought the



163

way was at last open for me to go to M. U. Journ­
alism School, which I considered as “ tops,”  and 
when the decision was handed down I said, “ This 
is my opportunity,”  and I sent an application to 
Mr. Canada at onoe, asking for admission to the 
School of Journalism, without thought of the 
N. A. A. C. P. or any other organization.

Q. What did you take in Journalism work at 
Kansas University? A. Just undergraduate work.

Q. And had been connected with the paper 
seven years and became managing editor, and then 
you suddenly conceived the idea you needed more 
ducation in Journalism, so at once you got in touch 
with this gentleman from the National Association?

Mr. Houston: We object to the words “ sud- 
denly conceived.”  She said she had been wanting 
to go since 1932.

Mr. Hogsett: Withdraw the question, and put 
it this way:

Q. If you were really sincere about taking a 
course in Journalism, how do you explain your 
request in the letter marked Exhibit No. 2, ad­
dressed to Mr. Houston, as follows: “ If he doesn’t ”  
—meaning to say Mr. Franklin granting you leave 
of absence—and I can’t attend for a whole semester 
(if they admit me), do you think I should enroll 
anyway and attend classes for a few days?” —Do 
you think you Could get a Journalism course “ in a 
few davs” ? A. No, I didn’t think I could get a 
Journalism course in a few days. I did think that 
if I was accepted as a student at the University 
of Missouri, and attended classes for two or three 
days, that Mr. Franklin would not see me go down



164

there and be admitted and go to school and then 
say I could not have my leave of absence, and I was 
pretty sure if I could get admitted and go to 
classes for two or three days that he would not 
have the heart to say I could not go to school for 
the semester.

Q. You were telling Mr. Canada you intended 
to go along and get a Master’s degree and asking 
Mr. Houston if he thought it would be all right for 
you to enroll and stay there two or three days? 
A. I thought I could work out with Mr. Franklin 
the details of when I could get away, without taking 
it up with Mr. Houston—and I could have.

Q. Now did you know that the National As­
sociation’s policy is to bring test suits to break 
down the law and the policies of states that do re­
quire race separation? A. Many Negro groups 
and organizations were fighting—

Q. Would you just answer my question and 
not make a speech? Then if you want to explain 
you can—to your heart’s content. A. All right. 
What was the question?

Q. If you do not know that it was a fact that 
the National Association for years has had a policy 
of bringing test suits to break down race separa­
tion in those states which require it—just answer 
“ yes”  or “ no,”  please.

Mr. Houston: No,—I object. He is making 
an assumption about the N. A. A. C. P. They 
bring suits to enforce statutes and law in states 
who didn’t have such an act and don’t have it yet.

The Court: She answered the question.
The Witness: I was about to say that—



165

Mr. Houston: Did you answer ?
The "Witness: No.
Mr. Houston: I ask for a ruling, because that 

is not a statement of the Association’s policy.
Mr. Hogsett: Q. Well, did the Associa­

tion prosecute a test case in North Carolina and 
Virgina and Maryland, and several test cases in 
Tennessee, and the Gaines ease in Missouri! A. 
The N. A. A. C. P. furnished counsel for plaintiffs 
in those states.

Q. In all those cases? A. The Maryland 
and Missouri cases. I don’t know about the others, 
enough to testify.

Q. Weren’t you just acting in exactly the 
same way that those parties were and just as 
Gaines did here ? A. I don’t know how they acted.

Mr. Houston: Upon what basis has counsel 
the right to say “ just as Gaines was acting” ? You 
are making an assumption there. I object to the 
form of the question.

Mr. Hogsett: I will recast that question.
Q. Don’t you know that Gaines was acting in 

exactly that capacity in the case that he had here 
and as soon as the Law School was set up he 
abandoned his case? A. I don’t know that.

Q. You don’t know that? A. I know that 
but I don’t know in what capacity he was acting. 
As far as I know, Gaines wanted a legal educa­
tion when he brought his suit.

Q. And you know as soon as the Law School 
was made available, he quit? A. I don’t know 
that he quit.

Q. Do you know whether the N. A. A. C. P.



166

had anything to do with the picketing of the Law 
School of Lincoln University in St. Louis? A. 
The N. A. A. C. P. did not.

Q. You knew all about it? A. How did I 
know that?

Q. You knew about the picketing? A. Cer­
tainly, I d id ; and I had a news story on it. It was 
big news.

Q. You had it in a laudatory way? A. No,
just a picture and a story.

Q. Well, you had a series of pictures? A. 
No, I think only one.

Q. Didn’t you have a picture featuring “ do 
not patronize the law school” ,—looking like it was 
a race riot!. A. We had pictures and feature 
news of picketing, of many instances.

Q. Didn’t you feature that picketing against 
Lincoln Law School? A. We ran it as news.

Q. And featured it? A. It was on the first 
page. It was a straight news story, without com­
ment.

Q. Didn’t you have editorial comments on it, 
applauding it? A. I don’t know about the edi­
torials,—I don’t write them. Do you have it?

Q. I am asking you. A. Well, I don’t 
know. I can’t remember everything about that.

Q. Your memory fails on that? A. I don’t 
know whether we had an editorial on that parti­
cular subject or not. We might have.

Q. Now you have a damage suit against Mr. 
Canada in the Federal Court, have you not. A. 
I have.

Mr. Hogsett: I offer in evidence the com­



167

plaint in that case, pending in the United States 
District Court for the Central Division of the 
Western District of Missouri, before His Honor 
Judge Collet, together with the summons attach­
ed, which indicates it was filed on November 4th, 
1939,—which is a fact.

Mr. Houston: I don’t know the date, but I 
think that is about right.

Mr. Hogsett: I will not read this but will 
state the substance: that it is in two counts. It 
is a prayer for $10,000 damages from Mr. Canada, 
because of his refusal to issue a permit on the 
first occasion when she was there,—I think, Janu­
ary 30th,—and another $10,000 damages for his 
refusal to issue the permit when she reapplied in 
September, 1939.

Mr. Houston: May I ask the purpose of the 
introduction of that?

Mr. Hogsett: AVell, it is relevant,—I will try 
to make it so.

The Court: Are you objecting to it?
Mr. Hogsett: I will try to make it relevant.
Mr. Houston: Well, I will withdraw any ob­

jection until that time.

(Note: Said complaint and summons offered 
in evidence as aforesaid was by the reporter mark­
ed as Respondent’s Exhibit No. 25, being in words 
and figures as follows, to-wit:)



1 6 8

IN THE UNITED STATES DISTRICT COURT 
FOR THE CENTRAL DIVISION OF THE

WESTERN DISTRICT OF MISSOURI.

LUCILE BLUFORD,
2444 Montgall Avenue,
Kansas City, Missouri, Plaintiff,

vs. Civil Action
S. W. CANADA, No. 42
University of Missouri,
Columbia, Missouri, Defendant.

COMPLAINT FOR DEPRIVATION OF PLAIN­
T IF F ’S CIVIL RIGHTS UNDER COLOR OF 

STATE LAWS.

1. Jurisdiction is based on the United States 
Constitution, XIV  Amendment, Section 1; and the 
United. States Code, title 8, sections 41 and 43, 
and title 28, section 41 (1), (14), as herein more 
fully appears. The amount in controversy, ex­
clusive of interests and costs, is Twenty Thous­
and ($20,000.00) Dollars.

COUNT I.

2. On January 1, 1939, and continuously 
thereafter, defendant S. W. Canada was and is the 
Registrar of the University of Missouri, a public 
institution of the State of Missouri governed by 
“ the Curators of the University of Missouri’ ’, a 
body corporate created by the legislature of Mis­
souri for that purpose. Under university rules 
and regulations promulgated by “ the Curators



169

of the University of Missouri” , under delegation 
of legislative power from the legislature of Mis­
souri, defendant Canada was at all times ma­
terial herein the officer of the University of Mis­
souri responsible for and in complete charge of 
all details covering the registration and admis­
sion of students to any department of the Uni­
versity of Missouri, including registration and 
admission of students to the University of Mis­
souri for graduate work in Journalism—which is 
offered to citizens of Missouri by the State act­
ing thru “ the Curators of the University of Mis­
souri”  and officers and faculty of the University. 
A permit to register issued by defendant as Reg­
istrar was, and is, a condition precedent to any 
student being admitted to the University of Mis­
souri for any purpose, including graduate work in 
Journalism.

3. In January, 1939, plaintiff, a Negro citi­
zen of the State of Missouri, of full age, duly ap­
plied to defendant Registrar, as provided by the 
rules and regulations governing the administra­
tion of the University, for admission to the Uni- 
versty for graduate work in Journalism offered 
by the University as aforesaid. Plaintiff then 
was, and still is, in active newspaper work in the 
State of Missouri, being managing editor of the 
Kansas City Call, a Missouri weekly newspaper; 
also a graduate of the University of Kansas in 
1932 with degree of Bachelor of Arts with major 
in Journalism. Said degree fully qualified her 
scholastically for registration and admission to 
the Unversity for said graduate work in Jour­



170

nalism, and she possessed, and still possesses, all 
other legitimate and constitutional qualifications 
for such registration and admission. Defendant 
Canada accepted her qualifications and directed 
her to appear at his office on the campus of the 
University in Columbia, Missouri, and to obtain 
from him a permit to register in the University 
for said graduate work in Journalism as a con­
dition precedent to her admission to the Univei’- 
sity for said purpose for the second semester of 
the academic year 1938-1939. Plaintiff properly 
presented herself to defendant at his office afore­
said on or about January 30, 1939, during the 
regular registration period for the second semes­
ter above mentioned, and requested him to issue 
her the required permit to register and to regis­
ter her in the University of Missouri for gradu­
ate work in Journalism for the second semester 
of the academic year 1938-1939, as he was then 
and there duty bound to do. Nevertheless defend- 
ant acting under color of state law (Mo. Rev. 
Stat., 1929, section 9625, and the rules and regu­
lations promulgated by “ the Curators of the Uni­
versity of Missouri”  pursuant thereto) did ille­
gally refuse to issue plaintiff her permit to register 
in the University of Missouri for graduate work in 
Journalism, and to admit her to the University 
for said work or for any other purpose. Defend­
ant based his denials of plaintiff’s rights to said 
registration and admission upon the Missouri 
Constitution (Article XI, section 5) and certain 
statutes of the State (Mo. Rev. Stat., 1929, Chap­
ter 57, Article 19), and the fact plaintiff is a



171

Negro. Plaintiff was then and there, and still is, 
prepared and ready to pay the lawful uniform fees 
and meet the lawful uniform requirements gov­
erning registration and admission to the Univer­
sity of Missouri for graduate work in Journalism, 
and so tenders herself.

4. The University of Missouri was then, and 
still is, the only educational instituton of the 
State of Mssouri where the State as aforesaid is 
offering graduate work in Journalism to the citi­
zens of Missouri; and was then, and still is, the 
only place in Missouri where plaintiff can obtain 
graduate work in Journalism. Plaintiff being 
then and now a citizen of Missouri, duly qualified 
by law for said graduate work and being prepared 
and ready to pay the lawful uniform fees and meet 
the lawful uniform requirements governing reg­
istration and admission to the University of Mis­
souri for graduate work in Journalism, had then, 
and still has, a civil right guaranteed her by the 
equal protection clause of section 1 of the Four­
teenth Amendment to the Constitution of the 
United States, and by section 41 of title 8 of the 
United States Code, to registration and admis­
sion to the University of Missouri for graduate 
work in Journalism for the second semester of the 
academic year 1838-1939. And defendant Regis­
trar was then, and still it, under a plain, legal and 
ministerial duty to register and admit her as 
aforesaid.

5. Defendant Registrar, acting in the prem­
ises under color of state law and the regulations



172

adopted thereunder by “ the Curators of the Uni­
versity of Missouri”  as aforesaid, by his arbi­
trary and illegal refusal to register and admit 
plaintiff to the University of Missouri for gradu­
ate work as aforesaid, did violate the equal pro­
tection clause of section 1 of the Fourteenth 
Amendment to the Constitution of the United 
States, and section 41 of title 8 of the United 
States Code, and did make himself liable to plain­
tiff under section 43 of title 8 of the United States 
Code to this action by her against him for her 
injuries sustained thereby.

6. As a result of defendant’s said wrongful 
acts plaintiff was illegally barred from the Uni­
versity of Missouri for the entire second semester 
of the academic year 1938-1939, and was unable 
to take in the University of Missouri, or else­
where in the State of Missouri, graduate work in 
Journalism. In consequence thereof she suffered 
great humiliation, mental anguish, loss of earning 
power and efficiency in her newspaper work, and 
has lost irreplaceable time out of her life in be­
ginning her graduate work in Journalism, and has 
been injured by the defendant to the amount of 
Ten Thousand ($10,000.00) Dollars. Wherefore 
she demands judgment of defendant in the amount 
of Ten Thousand ($10,000.00) Dollars damages, 
besides costs.

COUNT II.
&. In August, 1939, plaintiff being then and 

there still eligible in all lawful respects for regis­
tration and admission to the University of Mis­
souri for graduate work in Journalism (as set



173

forth in paragraph 3 supra), renewed her appli­
cation to defendant Registrar for registration and 
admission to the University of Missouri for grad­
uate work in Journalism for the first semester of 
the academic year 1939-1940. On or about Septem­
ber 14, 1939, plaintiff properly presented her­
self to defendant at his office on the cam­
pus of the University of Missouri in Columbia, 
Missouri, during the regular registration period 
for the first semester above mentioned, and re­
quested him to issue her the required permit to 
register and to register her in the University 
of Missouri for graduate work in Journalism for 
the first semester of the academic year 1939-1940, 
as he was then and there duty bound to do (as 
set forth in paragraphs 2, 3 and 4 supra). Never­
theless defendant again acting under color of state 
law (Mo. Rev. Stat., 1929, section 9625, and the 
rules and regulations promulgated by “ the Cura­
tors of the University of Missouri”  pursuant 
thereto) did illegally refuse to issue plaintiff her 
permit to register in the University of Missouri 
for graduate work in Journalism, and to admit her 
to the University for said work or for any other 
purpose. Defendant based his denials of plain­
tiff ’s rights to said registration and admission 
upon the Missouri Constitution (Article XI, sec­
tion 5) and certain statutes of the State (Mo. Rev. 
Stat., 1929, chapter 57, article 19, as amended by 
Mo. Laws, 1939, page 62, section 3, and page 685), 
and the fact plaintiff is a Negro. Plaintiff was 
then and there, and still is, prepared and ready 
to pay the lawful uniform fees and meet the law­



1 7 4

ful uniform fees and meet the lawful uniform re­
quirements governing registration and admission 
to the University of Missouri for graduate work 
in Journalism, and so tenders herself.

8. The University of Missouri was then, and 
still is, the only educational institution in the State 
of Missouri where the State as aforesaid is offer­
ing graduate work in Journalism to the citizens 
of Missouri; and was then, and still is, the only 
place in Missouri where plaintiff can obtain gradu­
ate work in Journalism. Lincoln University, a 
public institution operated for the higher educa­
tion of Negro citizens of Missouri by the State, 
thru its agency “ the Curators of Lincoln Univer­
sity,”  a body corporate, has never offered, and 
does not now offer graduate work in Journalism, 
and has neither the faculty, plant, money in hand 
or appropriated, nor other resources or facilities, 
to offer to the citizens of Missouri graduate work 
in Journalism, and cannot offer said work. Plain­
tiff being then and now a citizen of Missouri, duly 
qualified by law for the aforesaid graduate work 
in the University of Missouri, and being prepared 
and ready to pay the lawful uniform fees and 
meet the lawful uniform requirements governing 
registration and admission to the University of 
Missouri for graduate work in Journalism, had 
then, and still has, a civil right guaranteed her by 
the equal protection clause of section 1 of the 
Fourteenth Amendment to the Constitution of the 
United States, and by section 41 of title 8 of the 
United States Code, to registration and admission 
to the University of Missouri for graduate work in



Journalism for the first semester of the academic 
year 1939-1940. And defendant Registrar was 
then, and still is, under a plain, legal and minis­
terial duty to register and admit her as aforesaid.

9. Defendant Registrar, acting in the prem­
ises under color of state law and the regulation 
adopted thereunder by “ the Curators of the Uni­
versity of Missouri”  as aforesaid, by his arbitrary 
and illegal refusal to register and admit plaintiff 
to the University of Missouri for graduate work 
in Journalism for the first semester of the first 
semester of the academic year 1939-1940, did vio­
late the equal protection clause of section 1 of the 
Fourteenth Amendment to the Constitution of the 
United States, and section 41 of title 8 of the 
United States Code, and did make himself liable 
to plaintiff under section 43 of title 8 of the United 
States Code to this action by her against him for 
her injuries sustained thereby.

10. As a result of defendant’s said wrongful 
acts plaintiff was illegally barred from the Uni­
versity of Missouri for the entire first semester 
of the academic year 1939-1940, and was unable 
to take in the University of Missouri, or elewhere 
in the State of Missouri, graduate work in Jour­
nalism. In consequences thereof she suffered 
great humiliation, mental anguish, loss of earning 
power and efficiency in her newpaper work, and 
has lost irreplaceable time out of her life in be­
ginning her graduate work in Journalism, and 
has been injured by the defendant to the amount 
of Ten Thousand ($10,000.00) Dollars. Where­
fore she demands judgment of defendant in the



176

amount of Ten Thousand ($10,000.00) Dollars 
damages, besides costs.

The total amount of this suit is for Twenty 
Thousand ($20,000.00) Dollars damages, besides 
costs.

L. A masa K nox,
L. A masa K nox,
Charles H. Calloway, 
Charles H. Calloway,
James H. Herbert,
James H. Herbert,
Carl R. Johnson,
Carl R. Johnson,
Sidney R. Redmond,
Charles H. H ouston, 
Charles H. H ouston,

Attorneys for plaintiff.
Addresses of Counsel:
L. Amasa Knox,
Charles H. Calloway,
James H. Herbert,
Carl R. Johnson,

Lincoln Building,
Kansas City, Missouri.

Sidney R. Redmond,
Peoples Finance Building,
St. Louis, Missouri.

Attest: A  true copy 
A. L. Arnold Clerk.

By Edna D. Morris, Deputy.
(Seal of U. S. District Court.)



177

Summons in a Civil Action D. C. Form No. 45 Rev. 

DISTRICT COURT OF THE UNITED STATES

For the
Western District of Missouri 

Central Division 
Civil Action File No. 42— Civil 

(Note: Pencil Memo:) Served Nov. 6th 
LUCILE BLUFORD,
2444 Montgall Avenue,
Kansas City, Missouri, Plaintff.

vs. SUMMONS
S. W. CANADA, Defendant.

To the above named Defendant: S. W. 
Canada (University of Missouri, Columbia, Mis­
souri).

You are hereby summoned and required to 
serve upon

Sidney R. Redmond, one of 
plaintiff’s attorneys, whose address is Peoples Fi­
nance Building, St. Louis, Missouri, an answer to 
the complaint which is herewith served upon you, 
within 20 days after service of this summons upon 
you, exclusive of the day of service. If you fail 
to do so, judgment by default will be taken against 
you for the relief demanded in the complaints.

A. L. ARNOLD
Clerk of Court 

By Edna D. Morris, Deputy Clerk. 
Date: November 4, 1939. (Seal of Court)

(Note: This summons is issued pursuant to 
Rule 4 of the Federal Rules of Civil Procedure.)



178

Mr. Hogsett: Q. Who is prosecuting that
case, — financing the case? A. I am provid­
ing part of the cost. The NAACP is providing 
counsel.

Q. How much cost are you providing? 
A. About half, I would say.

Q. About half of what? A. Of the cost.
Q. Of what amount? A. I haven’t been 

presented the bill.
Q. How much have you advanced of the cost? 

A. I haven’t paid any cost yet, but I expect to 
pay as much of the cost as I can.

Q. Who has advanced the cost in that case? 
A. My attorneys are taking care of that end of 
the case.

Q. Did I understand that the NAACP was 
financing it? A. They are furnishing counsel.

Q. You have half a dozen lawyers, I  think, 
on there.—are they also members of the staff of 
the NACCP?

Mr. Houston: Will you name them?
Mr. Hogsett: Q. Mrs. L. Amasa Knox. 

A. He is a Kansas City lawyer,—he is a member 
of the NAACP in Kansas City.

Q. And Charles H. Calloway is? A. Yes, 
sir.

Q. James H. Herbert? A. Yes, sir.
Q. Carl R. Johnson? He is President of the 

local branch? A. Yes, sir.
Q. And Sidney R. Redmond? A. He is Pre­

sident of the St. Louis branch.
Q. And Mr. Houston makes six? A. Yes,

sir.



179

Mr. Houston: May I state that we have a na­
tional staff and have branches. I am on the na­
tional staff. I think the other gentlemen are on 
the local staff, of the various cities. This in the 
interest of accuracy.

Mr. Hogsett: Q. Did you have any con­
tract with these lawyers, or did the National As­
sociation contract with them?

A. You mean, in this case?
Q. No, in the damage case. A. Mr. Hous­

ton is my attorney in that,—my chief counsel in 
that, and I have an agreement with him.

Q. Did the National Association contract with 
Mr. Houston’s associates to act in that case for 
you? A. I asked the Kansas City lawyers if they 
would assist in the case.

Q. I don’t believe you quite hear me,—I must 
ask my questions awkwardly. Did the National 
Association contract with Mr. Houston’s associ­
ates, if you know? A. Do you mean the Kansas 
City lawyers?

Q. Well, whoever they are,—some are in St. 
Louis. A. Those you have read, and Mr. Red­
mond.

Q. All the associates in that case? A. I 
don’t know that they did. I have no evidence on 
that.

Q. What is the arrangment in the event you 
should recover damages in that case? How are 
the proceeds to be divided? How much would go 
to the National Association, if any, how much to 
the lawyers, and how much would go to you? 
A. That has never been discussed.



180

Q. You haven’t reached an agreement on that 
subject? A. No.

Q. That is a matter for future disposition, I 
take it? A. That is right.

Q. Well, have you any idea how much the 
National Association’s share is liable to be? 
A. I think that would be my decision, after I see 
what the damages would be.

Q. Miss Bluford, I think perhaps you have 
covered it, but have you now covered and offered 
in evidence all communications with anyone at the 
University of Missouri, and the same question with 
reference to Lincoln University? A. All that I 
have; yes, sir.

Q. All letters, telegrams, oral communica­
tions? A. All that I have; yes, sir.

Q. One minor point: You spoke about the 
newspaper published at Lincoln University. I  be­
lieve you said it was just a printing room,—I got 
that impression. You may not have put it in 
those words,—that all they had was a printing 
room? A. They have a job printing press, and 
a paper of that size can be printed on a job press.

Q. This paper is a regular thing? (Handing- 
witness a paper). A. Yes, sir. This paper is 
offered twice a month, by the student staff.

Mr. Hogsett: I would like to offer that paper 
in evidence as just a sample of what that staff 
does.

The Witness: That is not a class in Jour­
nalism, however.



181

(Note: Said paper was by the reporter mark­
ed as Respondent’s Exhibit No. 26 and is as fol­
lows, towit:)

(Exhibit 26 is omitted herein.)

Mr. Hogsett. Q. Now in an earlier part 
of the cross examination, you referred to Mr. 
Houston’s letter to you of January 27th, urging 
you to make application to Missouri University for 
five very valuable—because it would do four or 
five very valuable things:—I am bringing you back 
to that point for another question,—and one of 
those was, as you will recall, “ No. 3. It will keep 
public attention focused on the University prob­
lem. A rejection by you’ ’— should be “ of you”  I 
presume—“ would have much more publicity value 
than a rejection of a man.”  So he was in favor of 
your doing it for its “ publicity value.”  Were you 
motivated at all in your determination to act as 
plaintiff in this case by the “ publicity value”  that 
would flow to the Kansas City Call putting for­
ward its managing editor to act a s plaintiff? 
A. No.

Q. You had never thought of that? A. No, 
indeed. Of course, we don’t object to it.

Q. It might increase the circulation? A. It 
might, and might not.

Q. Yes, it might help. A. But that story 
does not say—

Q. No,—you were quite willing to go along 
with the idea of publicity for the cause, but it



182

never entered your mind that you would help pub­
licity for the Call? A. The publicity for the 
cause and for the Call,—those would be by pro­
ducts of the whole thing. I am primarily inter­
ested in getting training. If I had been accepted, 
that would have been publicity for a week or two 
and then it would have died down and there would 
have been no publicity for me, or The Call.

Q. If, as stated in this letter, all that you 
might do would be to get into the University of 
Missouri and then call it a day,—if Mr. Houston 
had approved that, then the publicity would not 
have been worth much, would it?

Mr. Houston: We object to that.
The Court: Yes, objection sustained.
Mr. Hogsett: That is all.

Re-direct Examination of Lucile Bluford 
by Mr. Houston

Q. You have been examined at some 
length about the Taylor bill. Not to go into 
any lengthy discussion, but was there anything 
in Mr. Taylor’s record in his home town 
or in the legislature of Missouri which gave you 
an impression of confidence that he was acting 
in the interest of Negroes? A. I made a visit to 
Keytesville in the line of my newspaper work, to 
see what Mr. Taylor’s relationship was and how 
he felt toward his Negro fellow citizens at 
Keytesville. I discovered there that Mr. Taylor 
is Chairman of the School Board and has been 
for a number of years. There is a new three 
or four story brick building recently erected for



183

white pupils but the Negro pupils in the same 
town go to school in an old delapidated building 
with no modern facilities whatever, that is 
about fifty years old, and the Negro citizens 
have protested and asked the School board to give 
them modern facilities for their children, and Mr. 
Taylor has refused to do so, and we have learned 
that he did not like Negroes, but I have read public 
statements he made on the floor of the legislature 
in which he stated that he was “ an unreconstruct­
ed rebel and did not like Negroes”  and that “ Mis­
souri’s long standing tradition was not to be 
broken down” .

Q. And your understanding was that he was 
not helping Negroes but, rather, defeating them? 
A. To defeat them and give them a lesson they 
should have.

Q. Now, comparing this paper from the Lin­
coln University with the Kansas City Call,—look 
at that and tell me whether your training in Jour­
nalism would have been advanced by work on that 
paper. (Handing witness Exhibit No. 26 above). 
A. This paper, published twice a month, one edi­
tor, four pages, six columns, would be just child’s 
play for me after working on a paper that is pub­
lished five time a week, you may say, and many 
times its size.

Mr. Houston: There was one point, Your
Honor, I think that was not covered in direct exa­
mination that I want to introduce on the question 
of good faith, and that is:

Q. After the correspondence was closed out 
October 9th, 1939, which has been introduced, did



184

you make a last effort to go to the University 
of Missouri and be admitted before filing suit 
in October? A. Before the suit was filed and 
after classes bad been begun, I went to the campus 
again to see the officials and see if I could get 
admitted, even though classes bad been begun and 
I would be under a hardship by entering late, but 
I was refused again.

Q. Were you able to see Mr. Canada? 
A. No, Mr. Canada was out. I saw Dean Martin.

Q. What was bis attitude? A. Dean Martin 
was not as friendly as be had been the first time 
that 1 was down. He said that there was nothing 
be could do.

Q. One last question on the amount of the 
appropriations: You have seen the press at the 
University of Missouri Journalism School, have 
you not? A. Yes, sir.

Q. And you know about the press at the Call? 
A. Yes, sir.

Q. Judging from what you know about news­
paper plants, what would you say would be a 
reasonable price for the plant,—the press and lino­
types, etcetera, which are the facilities at the 
University of Missouri School of Journalism?

Mr. Hogsett: May I ask a qualifying ques­
tion?

Q. Did you ever buy such equipment? A. 
No, I never did.

Mr. Houston: Very well,—question with­
drawn.

Mr. Houston: I object to the paper about
the damage suit as not being conntcted up, and



185

move that it be stricken out.
Mr. Hogsett: That is relevant upon the ques­

tion of good faith and no adequate remedy and 
as a part of the whole picture. It is part of the 
whole.

The Court: I will let it stay.
To which ruling of the Court the relator, by 

her counsel, then and there at the time duly ex­
cepted and saved her exceptions.

Mr. Houston: Q. What damages did you
sustain as a result of Mr. Canada refusing 
to admit you to the graduate school of the Uni­
versity of Missouri on January 30th, 1939 f A. 
I have lost a year—

Mr. Hogsett: We object to that as not with­
in the issues of this case.

Mr. Houston: That is why I moved that the
other be stricken out.

Mr. Hogsett: Very well,—if you think that
makes it competent I have no desire to exclude it.

The Court: Let her answer.
A. I have lost a year’s time in study and 

have probably lost some earning which I 
would have gotten if I had had the training a 
year ago, because I could have then put in im­
provements at The Call, which would have in­
creased our paper,—increased the reader interest 
and extending our circulation to such an extent 
that my earnings would have been increased. I 
have suffered humiliation and embarrassment by 
being refused, after they had accepted my credits.

Q. Now will you state, in reference to the 
second count,—would you state what damages you



1 8 6

have suffered because of being refused by Mr. 
Canada in September, 1939? A. I have been sub­
jected to humiliation and embarrassment, and have 
lost more time. I could have had another semes­
ter’s work if I had been admitted last January,— 
by now I could have had my Master’s if I had 
continued in school two semesters.

Q. You were examined about the matter of 
publicity. Which had the greatest publicity value, 
—the fact that you would have been admitted and 
gone to class like any other student, or the fact 
that although you are accredited you were re­
jected solely as a Negro? A. The rejection had 
far more publicity value. If I had been admitted, 
there would have been a little publicity, but it 
would have died down and everything would have 
gone along as smoothly as if anybody else had 
been admitted.

Q. Did you go down there with the idea of 
publicity? A. No,—I really wanted to go to 
school. I had not thought of publicity.

Re-cross Examination of Lucile Bluford 
by Mr. Hogsett

Q. You said that rejection would cause more 
publicity than acceptance? A. He said it would.

Q. Well, you said that, didn’t you? A. I 
did.

Q. Mr. Houston, among his five points, was 
saying that publicity was “ most valuable,”  wasn’t 
he? Do you remember? A. Yes, I know what 
you are talking about,—but he didn’t say publicity



187

for rejection or acceptance.
Q. Oh, yes, your memory is at fault. I 

don’t mean to contradict you, but lie said that your 
rejection would carry much more publicity than 
that of a man? A. Yes, he said that.

Q. Then you really wanted to be rejected, 
so you could 'get the publicity that Mr. Houston 
said was a most valuable asset? A. No.

Q. Isn’t that what it boils down to? A. No, 
that is not what it boils down to.

Mr. Hogsett: That is all.

Re-direct Examination of Lucile Bluford 
by Mr. Houston

Q. What does it come down to? A. I really 
wanted to go to the University of Missouri School 
of Journalism, and I still do. The publicity was 
just—the fact that the daily press picked up the 
story was just incidental.

Mr. Houston: That is all.
Mr. Hogsett: That is all.
(Witness excused.)

And the relator called as a witness D. H. DAVIS, 
JR., who, being produced, sworn and exam­
ined, testified as follows:

Direct Examination of D. H. Davis, Jr. 
by Mr. Houston

Q. Your name is Dowell H. Davis, Jr.? 
A. it is.



188

Q. And your residence is where? A. Kan­
sas City, Missouri.

Q. Your occupation is what? A. I am at 
the present time Advertising Manager of the Kan­
sas City Call.

Q. Your own background,—where were you 
educated? A. I received my public school train­
ing at Independence, Kansas; from there to Kan­
sas University, where I received a Bachelor’s de­
gree.

Q. And how long have you been with The 
Call? A. About two and a half years.

Q. How far does your ability to get adver­
tising for The Call and as the acting advertising 
manager, depend upon the news policy of the 
paper? A. Well, our news policy has a great 
deal of influence upon our ability to obtain ad­
vertising. Primarily, advertising is built upon 
circulation and the ability of the readers to buy. 
Naturally, we have to be able to attract readers 
who are intelligent and who are able to buy and 
our news must be reported and handled in such a 
way that it will create confidence in the minds of 
those who are our readers in the ability of our 
paper to serve them. Naturally, that confidence is 
passed on in the sale of advertising.

Q. In advertising, are the Negro newspapers 
in competition with the white newspapers? A. 
Yes, definitely. There was a time when that wasn’t 
true. I should say prior to 1929, it wasn’t true 
as it is now, because at that time advertising in 
Negro newspapers was, to a large extent, good will 
advertising, but the depression brought smaller



189

profits to merchants and those brought smaller ad­
vertising budgets, so they began demanding that 
the ads they carried in the Negro press bring the 
same returns that they would from the white dail­
ies.

Q. How closely is your work connected with 
the news department,— specifically, with Miss Blu- 
ford ’s work? A. Well, I think that you can’t sep­
arate it very well. We are forced to work, you 
might say, hand in hand. Along with advertising, 
there is a certain amount of publicity matter that 
must be carried at the same time and in the same 
vein. There is certain editorial opinion which has 
to be consistent with our general policy. We have 
to keep up various features, such as news, beauty 
hints, and fashion hints,—which stimulate adver­
tising.

Mr. Hogsett: If this has any connection with 
what we are trying, I have no objection to it,—if 
counsel thinks it is relevant.

Mr. Houston: I am very close to winding it 
up.

Mr. Houston: Q. Who has the ultimate
responsibility for the makeup of the paper after 
your advertising layout is submitted? A. Miss 
Hluford, as the managing editor.

Q. In the ultimate analysis, would you say 
that the growth of the paper is largely in the 
hands of the managing editor, as the person sit­
ting at the controls? A. Yes, yes; I would say 
that she very definitely has that responsibility.



190

Cross Examination of D. H. Davis, Jr. 
by Mr. Hogsett

Q. As managing editor, she is really in 
charge of that paper, is she? A. That is true.

Q. She knows more about journalism already, 
from her seven years’ experience operating a pa­
per, than she would learn at the University of Mis­
souri Graduate School of Journalism, doesn’t she? 
A. I don’t know that I am in a position to answer 
that question.

Mr. Hogsett: All right. That is all.
(Witness excused.)

Mr. Houston: I want the minutes of the
Board of Curators of Lincoln University.

(Note: Papers called for were produced by
counsel for respondent.)

And now the Relator called as a witness MISS
ALBERTA HALL, who being duly produced,
sworn and examined, testified as follows:

Direct Examination of Miss Alberta Hall 
by Mr. Houston

Q. State your full name? A. Alberta Hall.
Q. Your official position is what? A. Sec­

retary of the Board of Curators.
Q. Of what school? A. Lincoln Univer­

sity.
Q. And as a result of a request you have 

produced those records in court? A. Minutes, 
yes, sir, of the Board.

Q. Turning to the minutes of June 26tli, 
1939, I should like to read these minutes,—which 
will be marked, I think, Relator’s Exhibit BB.



191

The purpose of introducing this set of minutes 
is to prove that the question of a School of Jour­
nalism was before the Board of Curators of Lin­
coln University as far back as June, 1939. Re­
ferring to page 52, and then 53, it starts o ff: 
(reading)

“ A motion was made by Mr. Fry, seconded 
by Mr. Boyer, that the Board of Curators autho­
rize the setting up at Lincoln University of a 
Law School by September 1, 1939; that the Presi­
dent of the University be authorized to contact 
and employ Dean Taylor, of Howard Univer­
sity, or a man of equal educational qualifications, 
and one other instructor, and to complete arrange­
ments for the setting up of a Law School at Lin­
coln University by September 1, 1939.

Questions and objections to the motion were 
made as follows:

Inquiry was made by Mrs. Bowles whether 
such action by the Board would be contradictory 
to or in violation of decisions or pending legisla­
tion of the Supreme Court. She further asked 
that members be given full time for a study and 
consideration before voting on the motion.

Mr. Williams expressed opposition to the mo­
tion, stating that the law called for the establish­
ment of any school, department or course of in­
struction necessary. He further stated that gradu­
ate students have made application for other 
courses as well as law and that he could not en­
dorse the establishment of a Law School in pref­
erence to a School of Journalism, Medicine or 
other professions. He urged that the recommenda­



192

tions of a committee assigned to study and formu­
late plans for the expansion program be followed 
and that a graduate school board enough to take 
care of all requirements be established.”

Mr. Houston: That was on the question that
the Board had before it as early as June, 1939,— 

Mr. Hogsett: I would like to read the rest 
of the same minutes.

Mr. Houston: Go ahead.
Mr. Hogsett: (reading) “ He further ob­

jected to the naming of any individual as as in­
structor, designating this authority as a duty of 
the Teachers Committee.

It was explained by Mr. Fry that Dean Taylor 
of Howard University was named because stud­
ents from that institution had made creditable 
showing in bar examinations in Missouri, but that 
the motion called for “ Dean Taylor or a man of 
equal educational qualifications.”

Mr. Hubbard stated his willingness to vote 
with the affirmative on the motion provided the 
Committee be authorized to so establish the Law 
School that it will meet the decision handed down 
by the Supreme Court; be equal to the Law School 
at the Missouri State University, and meet the 
standards of the North Central Association of Col­
leges and Secondary Schools. He further stated 
that it should meet the standard of the American 
Bar Association, but it was pointed out that the 
latter could not be accomplished for two years.

Dr. Perry characterized the setting up of a 
Law School at Lincoln University at this time 
as a subterfuge, stating that an effective Law



193

School could not be established and operated at 
Lincoln University under such a plan. He vigor­
ously protested the passage of the motion and 
requested that the minutes contain a record of his 
protest.

Dr. McCluer called attention to the following 
recommendation by the President of the Univer­
sity which had been adopted by the Board:

‘ In order to build a more serviceable program 
for this institution, it is recommended that a com­
mittee of three members of the Board of Curators 
be appointed to work with the President of the 
University and a committee of the Faculty in the 
study and planning of an expansion program for 
the University to meet the needs of the under­
graduate school and to meet the provisions set 
forth in recent legislation effecting the creation 
of new departments and services in the institu­
tion; and that this full committee (Board mem­
bers, President of the University and Faculty 
members) be permitted to call upon consultants 
for its guidance in the construction and initiation 
of this program.’

He stated that the Board could gradually work 
out the expansion program recommended as a re­
sult of this study.

Opinion was expressed by Messrs. Fry, Mc­
Cluer, Boyer, Himmelberger and C. Scruggs that 
provision for legal training was the most imme­
diate need and that the Board could best carry 
out the mandage of the State Legislature by pro­
viding for the establishment of a Law School at 
Lincoln University beginning September 1, 1939.



194

A canvass of the Board showed that while a 
majority favored the motion, agreement for the 
establishment of a Law School at this time was 
not unanimous.

The following substitute motion was made by 
Mr. Fry, seconded by Mr. Boyer:

‘ That the Board authorize and direct Presi­
dent Scruggs to proceed immediately to set up a 
Law School to be opened by September 1, 1939, 
employing necessary and qualified teachers or in­
structors, and that the setting up of the School 
be in accordance with the co-operation, suggestions 
and advices of the representatives of the North 
Central Association of Colleges and Secondary 
Schools. ’

The substitute motion was carried by a ma­
jority vote.

President Scruggs read the following extract 
from a letter which he had written to Dr. Brum­
baugh, Secretary of the North Central Association: 

‘ In order that we may formulate a serviceable 
and desirable program in both the undergraduate 
and professional and graduate implications and at 
the same time maintain our proper relations with 
the North Central Association and its principles, 
I am appealing to you to recommend persons who 
can advise us through counsel and guidance as 
to the course we should pursue.’

The following persons were suggested by Dr. 
Brumbaugh:

R. M. Hughes, formerly President of Iowa 
State College;

George A. Works, University of Chicago;



195

John L. Seaton, President of Albion Col­
lege;

John Davis, President, West Virginia 
State College;

John Dale Russell, University of Chicago;
C. S. Boucher, University of Nebraska.

A motion was made by Mr. Fry, seconded by 
Mr. Williams, that a Committee of the Board be 
appointed to work with the President of the Uni­
versity in establishing undergraduate, graduate 
and professional work at Lincoln University and 
that the Committee when appointed be authorized 
to study and provide for such graduate work. 

The motion was carried’.”

Mr. Hogsett: Then they go into other mat­
ters that, so far as I can see at a glance, are not 
relevant. If there are any other matters that 
counsel wants, of course he will read them.

The Court: I think he has some others.
Mr. Hogsett: I was just finishing up that

session. That is all for the present.
Mr. Houston: Will you return to the minutes 

of the Executive Committee of the Board, Sep­
tember 28th, 1939!

The Witness: (Indicating page in book of
Minutes) Page 70.

Mr. Houston: I ask that be marked as our
Exhibit CC.

(Note: Said record was marked as request­
ed.)

Mr. Houston: Reading from page 70 of the



196

Minutes of the Meeting of the Executive Commit­
tee of the Board of Curators of Lincoln Univer­
sity: “ Item No. 3. A letter requesting admis­
sion to graduate courses in Journalism was re- 
ecived from Miss Lucile Bluford, of Kansas City, 
Missouri, on September 9, 1939.

“ On September 14, Miss Bluford appeared in 
person, accompanied by two attorneys, seeking 
information relative to admitting her to the gradu­
ate department of Journalism. She was informed 
by the President of the University that the in­
stitution was not equipped at present to offer 
course work in the field of her interest.

“ Copies of letters of her request and reply 
to the same follow :” —

Mr. Houston: (Addressing the Court) With-
to reading to Your Honor, because they have been 
read, but there is a letter of September 9th, 1939, 
which Miss Bluford wrote, in which she inquired 
about the courses and asked whether she should 
continue to press her application at the Univer­
sity of Missouri, or whether they were going to 
offer Journalism at Lincoln; and the reply of 
President Scruggs, September 13th, that the mat­
ter would be submitted to the Executive Commit­
tee1 September 30th,—which was really September 
28th,—and there is a copy of the letter of Mr. 
Canada to Miss Bluford in which he referred her 
to Lincoln University,—dated September 13th« 
And then on page 73 it continues: (reading)
“ That the admission of Miss Lucile Bluford to 
Bluford to graduate courses in Journalism be 
deferred until adequate time may be given to a



197

thorough study of the organization and courses of 
a department of Journalism by the President and 
the Faculty of the University. It was voted by 
the Committee that Recommendation No. 3 be ap­
proved and that Miss Bluford be notified that the 
course in which she is interested is not available 
at present and that the organization and approval 
of such a course must await time for study and 
report by the President and the Faculty of the 
University.”

Mr. Hogsett: I would like to read a para­
graph, to follow the same reading from page 70: 
(reading) “ The School of Law began its session 
on Thursday, September 21. To date it has an 
enrollment of 30 qualified students.”

Mr. Houston: I have no objection to reading 
this information about the School of Law, for the 
purpose of informing the Court at this time, but 
I shall object to it because whatever happened or 
didn’t happen to the School of Law is irrelevant 
here because Lucile Bluford does not desire a legal 
education, but a Journalism education.

Q. I now ask you to turn to the Minutes of 
the Board of December 16th, 1939, and state what 
page they begin on. A. They begin on page 79.

Q. Let me ask you: Is this the President’s
report to the Board of Curators? (Indicating) 
A. Yes, sir; it is.

Mr. Houston: I am reading from President 
Scruggs’ Report to the Board of Curators, para­
graph 10, page 85,—marker “ DD” ,—this is the 
report of the President: (reading)



1 9 8

“ 10. Progress to date in the study of the 
feasibility of the organization and establishment 
of a Department of Journalism in the University 
reveals that the consummation of its organization 
and establishment will impose a considerable task 
upon the administration in the recruitment of a 
qualified staff of instructors and the adequate fi­
nancing of the project to meet the minimum stand­
ards approved by the National Counsel for Educa­
tion in Journalism should it be necessary to do so 
immediately.

For the information of the Board, the mini­
mum standards proposed by the National Counsel 
are set forth below:

PROPOSED STANDARDS FOR SCHOOLS OF 
JOURNALISM

1. Instruction in Journalism shall have for 
its objective the education of men and women to 
equip them to hold responsible positions in the 
field of Journalism and to advance the profession 
and public welfare. Educational standards for 
such instruction shall be maintained on a level 
with such standards of education as in all other 
fields of professional training.

2. Instruction in Journalism shall be organ­
ized as a separate academic unit with a minimum 
faculty of three full-time teachers of journalism 
of professional rank. The term “ professional 
rank”  applied to the ranks assistant professor, 
associate professor and professor. Academic and 
professional training shall consist of a complete



199

course leadinb to a recognized degree. The insti­
tution of which the school or department is a part 
shall be of recognized rank. Requirements for 
admission to and graduation from the school or 
department of Journalism shall provide for scho­
lastic attainment above that required for an aca­
demic degree in the same institution. Professional 
courses in Journalism in institutions of learning 
that have no regularly established school or de­
partment of training for the profession are dis­
approved as education for the profession of Jour­
nalism.

3. Members of the faculties of schools and 
departments of Journalism engaged to teach tech­
nical courses in Journalism shall have had ade­
quate professional experience and training (five 
years as a minimum recommended) before their 
appointment as instructors; those responsible for 
instruction in the Upper Division or graduate 
courses shall have had, in addition, sufficient ad­
vanced academic or professional training to equip 
them to teach such courses on the same level of 
competency as exists in other disciplines.

4. Distinctly professional courses shall be 
open only to students who have completed suc­
cessfully at least two full years of a regular four- 
year or five-year course, except that orientation 
courses and an introductory course in reporting 
may be offered as Lower Division courses.

5. It is recommended that the bachelor’s de­
gree and master’s degree be so designated as to 
indicate that graduates have completed a major 
in professional journalism subjects.



2 0 0

6. The four-year course leading to the bache­
lor’s degree in Journalism shall normally include, 
in addition to professional courses in journalism, 
courses in history, economics, government and poli­
tics, sociology, literature and English composition, 
foreign language, natural science and psychology 
and philosophy or adequate grouping of these dis­
ciplines.

7. The completion of four years of work in 
a university or college, consisting of not fewer 
than 120 semesters or 180 quarter units, shall be 
required for the bachelor’s degree with a major 
in Journalism.

8. Schools and departments of Journalism 
shall provide such scholastic standards or such 
personnel-testing techniques as may have validity 
for the selection of major students. Guidance pro­
cedures shall be used in advising students admit­
ted as majors.

9. At least four-fifths of the students in the 
school or department shall be regularly enrolled 
candidates for bachelor’s or advanced degrees.

10. The basic professional courses in Jour­
nalism shall afford instruction and practice under 
competent and experienced instructors in report- 
ing, news editing, editorial and interpretative writ­
ing, magazine writing and editing, typography and 
make-up and law of the press; and instruction in 
advanced courses dealing with the relationship of 
the press to government and society (history of 
journalism, press and foreign affairs, press and 
public opinion, comparative journalism, ethics, in­
fluence of the newspaper, etc.)



2 0 1

11. Courses in advertising, circulation, busi­
ness management, radio writing and production 
and pictorial journalism, as well as in other fields 
of journalism, shall be offered only when the teach­
ing personnel has the necessary experience and 
training in the specialized fields to conduct such 
work competently, and only when the school or de­
partment has the necessary laboratory facilities 
with which to conduct such work.

12. Students shall not be given credit Im­
practical journalistic work unless such work is 
done under the immediate supervision of a compe­
tent instructor in journalism as a part of regular 
course in journalism.

13. The number of instructors in journalism 
shall be sufficient to insure careful attention to the 
individual needs of students, and the amount of 
class and laboratary work required of each in­
structor shall not exceed that of instructors in 
comparable disciplines.

14. Instructors shall be encouraged to carry 
on research work and to contribute to the litera­
ture of journalism.

15. Adequate library facilities comparable 
with those available in other professional discip­
lines shall be available for the use of the student. 
These facilities shall include adequate contempo­
rary and historical files of newspapers and per­
iodicals, documentary materials and a wide range 
of books and treatises in the various fields of 
journalism.

16. Sufficient laboratory equipment shall be 
available for use in connection with instruction in



2 0 2

the techniques of journalism to familiarize students 
with the production methods of the various forms 
of journalism under study in the school or de­
partment.

President Scruggs, in further explanation of 
the report, gave in detail aims and objectives of 
the proposed expansion and introduction of the 
various courses.

Topics contained in or relative to the report 
were discussed in a general manner without formal 
action. ’ ’

(Note: The record book, Minutes of the 
Board of Curators, aforesaid, was now handed to 
Mr. Hogsett by Mr. Houston.)

Mr. Hogsett: (Reading from the following
page—i.e. 87—of said Minutes) “ The following 
communication was received from the Secretary of 
the North Central Association of Colleges and 
Secondary Schools: (Copy)

Office of the Secretary,
5835 Kimbark Avenue, 
Chicago, Illinois,
December 14, 1939.

President Sherman D. Scruggs 
Lincoln University 
Jefferson City, Missouri.

Dear President Scruggs:

I gave the Board of Review at its recent meet­
ing a summary of the report you sent me regard­
ing development at Lincoln University. The Board 
was of the impression that conditions are righting 
themselves in your institution. I should be very



203

glad to receive further reports of any significant 
development prior to the Annual Meeting during 
the first week in April.

Yours very truly,
A. J. Brumbaugh.

4. The Lincoln University School of Law has 
received approximately 6,000 volumes as a gift from 
the Yale University School of Law.

A motion was made by Mr. Boyer, seconded 
by Mr. Scruggs, that the Board authorize Presi­
dent Scruggs to draw up and send to the proper 
authorities a resolution expressing appreciation of 
the Board for this gift. The motion was carried 
unanimously. ’ ’

The Court: We will take a recess for ten 
minutes.

(Note: Recess accordingly. Back again, all
present as before, the following proceedings were 
had herein, to-wit:)

Mr. Hogsett: This is part of the Minutes of 
the same meeting, and the excerpt I read will bp 
very brief. It is on page 87 at the bottom: (read­
ing) “ It is recommended that the Building and 
Grounds Committee of the Board be authorized to 
study and approve the building plans for a new 
girls ’ dormitory and a library to be submitted 
shortly by the University architects, Jamieson and 
Spearl, and to prepare requests for a Federal grant 
of $130,000 through the Public Works Administra­
tion to be ready for placement with the Federal 
Bureau at once in the event that an appropria­
tion is made for the further operation of the



204

Public Works Administration at the opening of 
Congress in January, 1940.

A motion was made by Mr. Boyer, seconded by 
Dr. Perry, that Recommendation No. 1 be approved. 
The motion was carried unanimously.”

Mr. Hogsett: And that paragraph I just read 
was a part of “ No. 1.”  Other matter appears in 
Minutes, but the reading of it I think is not 
material and I will not read anything further, from 
that meeting.

Mr. Houston: Q. Miss Hall, I ask you to 
produce the Minutes of the Special Committee on 
Graduate Professional Courses, December 29th, 
1939. A. They have not been entered in the 
Minute book, but those are the correct minutes.

(Note: Thes witness now produced a paper, 
typewritten, which, upon request of counsel, was 
marked by the reporter as Relator’s Exhibit EE.)

Q. (By Mr. Houston) Are these Minutes ap­
proved? A. They are approved, but not entered 
into the record book.

Mr. Houston: (After receiving additional
typewritten sheets from witness) And I ask that 
the Minutes of January 16th, 1940, be marked as 
Relator’s Exhibit FF.

(Note: Said last named exhibit was marked 
as requested. Mr. Houston now read to the Court 
said Exhibit EE and FF, same being, respectively, 
as follows, to-wit:)



205

RELATOR’S EXHIBIT EE

MINUTES OF THE MEETING OF THE
SPECIAL COMMITTEE ON GRADUATE 

AND PROFESSIONAL COURSES.

Lincoln University 
Jefferson City, Missouri 
December 29, 1939.

A  called meeting of the Special Committee of 
the Board of Curators on Graduate and Profes­
sional Courses was held in the Office of the Presi­
dent of the University at 10:30 a. m., on the above 
date with Mr. W. Wallace Fry, Chairman, presid­
ing. Other members present were Mr. C. C. Hub­
bard, Mr. Frank L. Williams, and Dr. Franc L. Mc- 
Cluer, acting for Mr. B. F. Boyer, who was absent.

President Scruggs met with the Committee.
The Committee discussed the advisability of 

the establishment of a Department or School of 
Journalism in the University to be ready for the 
admission of students on the undergraduate and 
graduate level at the beginning of the second 
semester, February 1, 1940.

Due and careful consideration was given the 
factors of standards to be maintained in the organi­
zation of the School or Department, the availability 
of faculty personnel at this time, the availability 
of space for teachers’ offices, classrooms, and li 
brary purposes, and the adequacy of the present 
budget to include the cost of the new Department 
in this biennium.



206

It was decided by the Committee that Dean F. 
L. Martin of the School of Journalism at the Uni­
versity of Missouri be invited to come to Lincoln 
University as a consultant and confer with Presi­
dent Scruggs on the institution’s facilities and re­
sources for the establishment of a School or De­
partment of Journalism.

Further, President Scruggs was authorized to 
report the result of the conference at a meeting of 
the Committee as soon after the conference as prac­
tical, and that Dan Martin be invited to attend the 
meeting of the Committee at which time the report 
is made.

A motion was made by Dr. McCluer and 
seconded by Mr. Williams that the decision of the 
Committee be approved. The motion was carried 
unanimously.

Upon a motion by Dr. McCluer, seconded by 
Mr. Hubbard, it was voted that the meeting of the 
Committee adjourn, subject to the call of President 
Scruggs.

Albert Hall, Secretary.

RELATOR’S EXHIBIT FF

MINUTES OF THE MEETING OF THE 
BOARD OF CURATORS

Lincoln University 
Jefferson City, Missouri 
January 16', 1940.

A called meeting of the Board of Curators was 
held at Lincoln University, Tuesday, January 16,



207

1940, at 1 :00 P. M., with the President, Dr. F. L. 
McCluer, presiding.

Other members present were: Mr. W. Wallace 
Fry, Mrs. Ethel Bowles, Mr. B. F. Boyer, Mr. Cliff 
G. Scruggs and Mr. C. C. Hubbard. Dr. J. E. 
Perry, Mr. H. I. Himmelberger and Mr. Frank L. 
Williams were absent. President Scruggs met with 
the Board.

The minutes of the semi-annual meeting of the 
Board of Curators for December 16, 1939, were 
approved as distributed.

The subject for consideration was developments 
in regard to the establishment of a Department of 
Journalism.

A report of the Special Committee on Graduate 
and Professional Work was called for.

Mr. Fry, as Chairman, made the following re­
port:

A meeting of the Special Committee was held 
at the University December 29, 1939. Those pres­
ent in addition to the Chairman were Mr. Hubbard, 
Mr. Williams and Dr. McClure, acting for Mr. 
Boyer, who was absent. President Scruggs met 
with the Committee.

The advisability of the establishment of a De­
partment or School of Journalism at Lincoln Uni­
versity, to be ready for the admission of students 
on the undergraduate and graduate level at the 
beginning of the second semester—February 1, 1940 
—was discussed by the Committee.

Full consideration was given by the Commit­
tee to the factors of standards to be maintained 
in the organization of the Department or School,



208

the availability of faculty personnel at this time, 
the availability of space for offices, classrooms 
and library purposes and the availability of funds.

Mr. Fry stated that Dean F. L. Martin of the 
School of Journalism, University of Missouri, had 
consented to lend such aid as he could to the 
Board in the setting up of such a Department.

It was decided by the Committee that Dean 
Martin be invited to come to Lincoln University as 
a consultant and confer with President Scruggs 
on the institution’s facilities and resources for the 
establishment of a Department or School of Jour­
nalism.

It was further decided by the Committee that 
President Scruggs report the result of the confer­
ence at a meeting of the Committee as soon after 
the conference as practical, and that Dean Martin 
be invited to attend the meeting of the Commit­
tee at which time the report is made.

The Committee adjourned with the understand­
ing that a report of the Committee would be made 
to the Board following the conference.

This report was scheduled to be made at a 
meeting of the full Board called for Saturday, 
January 13, but this meeting was not held due to 
lack of a quorum.

Since the meeting of the Committee, Mr. Fry 
reported, he had been advised Dean Martin had 
visited the school and conferred with President 
Scruggs and that he had submitted to the Presi­
dent of the University a tentative outline for a 
Department or School of Journalism and the names 
of six men who had been suggested as persons 
having qualifications for instructing graduate



209

courses in Journalism.
It is the opinion of the Committee, as stated 

by the Chairman, that a School of Journalism at 
Lincoln University is advisable and that the im­
mediate thing to be decided by the Board is whether 
the University has available staff, space and funds 
for setting up and establishing a School of Journal­
ism by February 1, 1940.

The report of the Committee was received.
A letter from Dr. Perry was read by Dr. 

McCluer, in which he expressed regret that profes­
sional obligations previously agreed upon would 
prevent his attendance at the meeting. In the 
communication, he stated his unwillingness to ap­
prove the setting up at Lincoln University of any 
Department or School that would not meet standard 
requirements.

Mr. Fry gave a resume of the work established 
by the Board to this time in its effort to meet the 
legislative mandate and expressed the desire of the 
Board to comply with the law without detriment 
to the school or its program.

Similar opinions were expressed by each of the 
members present, Mr. Hubbard stressing particu­
larly that all offerings of the University should 
meet the requirements of accrediting agencies. 
Mrs. Bowles emphasized the importance of follow­
ing the program of expansion that is already under 
way to serve the best interests of the University 
and its constituency.

At the request of the Board, President Scruggs 
made a report of the conference with Dean Martin.

He stated that Dean Martin visited the school



2 1 0

on January 10 and conferred with him and two 
members of the University faculty. Dean Martin 
expressed himself, he said, as being- sympathetic 
with the University’s program and offered much 
valuable information that would be helpful in estab­
lishing a Department of Journalism.

In answer to inquiries as to the status of the 
possibilities in the establishment of a Department 
of Journalism, President Scruggs gave the fol­
lowing statements:
1. Appropriation for New Departments:

Amount appropriated ....................  $200,000.00
Amount disbursed and obligated—. 198,226.00

Balance unencumbered ..................  $ 1,774.00

Funds are inadequate for the establishment of 
such a Department at the present.
2. Availability of Space for Housing a Standard 

Department of Journalism on the campus.
No space is adequate and available for housing 

a standard department. A  new classroom or aca­
demic building is needed for new department offer­
ings in the institution.
3. Recruiting the Faculty Personnel for a Depart­

ment of Journalism.
Correspondence to date with six persons with 

probably adequate qualifications for instructorships 
in the department reveals that four of these are not 
available; the other two have not indicated by reply 
their availability or interest in the offer.
4. Graduate Courses:

A  graduate program in Journalism is not avail­
able at this time. Graduate work in Journalism



2 1 1

before the establishment of an undergraduate de­
partment, while not without precedent, is not de­
sirable or expedient in the case of this institution.

The establishment of the undergraduate work 
as may be effected and established upon the 
standards set by the National Council of Education 
for Journalism is desirable when adequate funds, 
space, and faculty personnel are available and 
ample time is given to the development of the 
organization.

Graduate courses in education, history, English 
and one other of the social sciences are in process 
of preparation and will be available and offered 
in the summer session, beginning June, 1940.
5. Journalism is a New Course Offering:

Work in Journalism was anticipated as an 
offering at a future date. In the adoption of the 
University budget July 29, 1939, funds allocated 
for the beginnings in equiment for such a depart­
ment to include printing were included and to date 
the equipment for certain aspects in the technical 
layout for such a department is already completed.

The President of the University was requested 
to send to each member of the Board a memo­
randum of the statement which he had presented 
relative to the salient factors involved in the estab­
lishment of a Department or School of Journalism 
in the University.

At the invitation of the Board, Dean Martin 
came into the meeting. He explained in detail vari­
ous phases to be considered in establishing and 
developing a School of Journalism and stated that 
some beginning in graduate work in Journalism



2 1 2

might be made at Lincoln University at this time 
provided a qualified instructor could be secured.

The Board extended thanks to Dean Martin for 
the tentative program which he had outlined and 
for the suggestion he had made.

Dean Martin then left the meeting.
It was voted that the expenses incurred by 

Dean Martin in his attendance at the conference 
be allowed.

After due and careful consideration of the in­
formation given by President Scruggs concerning 
the facilities and resources of the University in re­
gard to the establishment of a Department or 
School of Journalism in the University, a motion 
was made by Mr. Fry, seconded by Mr. Boyer, that 
the following resolution be adopted:

WHEREAS, Dr. Scruggs and the Committee 
on setting up new departments at Lincoln Uni­
versity made a rather thorough and exhaustive 
study of the possibility of establishing a post grad­
uate course in Journalism at Lincoln University 
by February 1, 1940; and

WHEREAS, from the information obtained it 
is apparent to the members of the Board of Cura­
tors that it is impossible to secure the services of 
qualified men as instructors and head of the De­
partment of Journalism by that time, and that we 
would not have the room or space available for such 
a department by that time, and that we do not 
have sufficient funds in our budget for such a de­
partment at this time; and

WHEREAS, it is the unanimous opinion of the 
members of the Board of Curators in attendance at



213

this meeting that it is advisable to establish a 
School of Journalism at the earliest practical date; 
therefore, be it

RESOLVED by the Board of Curators that 
work be started now to establish a School of Journ­
alism at Lincoln University by February 1, 1941.

The motion was unanimously carried.
The Board adjourned subject to the call of the 

President.
Albert Hall,

Secretary.

Mr. Houston: Q. May I ask, Miss Hall, 
if there were any further meetings or actions by 
the Board, or Minutes subsequent to that date, deal­
ing with the matter of Journalism at Lincoln Uni­
versity? A. There are none.

Mr. Hogsett: Miss Hall, I would like for you 
to leave the book and those loose leaf minutes for 
use by later witnesses. They will be kept intact.

(No cross examination.)

(Witness excused.)

Mr. Houston: I now ask for the Minutes of 
the Board of Curators of the University of Mis­
souri—for the entries with reference to applica­
tion by Negroes between 1935 and 1940, by way of 
showing this is no new problem. I ask for the ap­
plication of a Negro to the School of Journalism 
in 1935 and 1936.



214

(Note: Certain papers were produced by Re­
spondent.)

And now LESLIE COWAN, being called as a wit­
ness, was duly produced, sworn and examined, 
and testified as follows, to-wit:

Direct Examination of Leslie Cowan 
by Mr. Houston

Q. Your full name, please? A. Leslie 
Cowan.

Q. Mr. Cowan, you are Secretary of the 
Board of Curators of the University of Missouri? 
A. I am.

Q. Pursuant to notice to produce you have 
produced the Minutes of the Board of Curators 
and the Executive Committee of the Board of 
Curators? A. that is right.

Q. Will you please turn for me to the first 
entry regarding an application of a Negro for ad­
mission to the University of Missouri between 1935 
and 1940? A. I have copy of the Minutes.

(Note: The witness produced a paper which, 
by request of counsel for Relator, was by the re­
porter marked as Relator’s Exhibit GG.)

Mr. Houston: This is introduced solely to 
prove that this problem of Negro applications was 
not sprung on the University of Missouri when 
Miss Bluford applied. I am now reading from the 
Minutes of the Board of Curators, February 8th,



215

1936, beginning at page 1590 and reading from 
pages 1595-6. (Reading Exhibit GG.)

EXHIBIT GG.

“ The President of the University advised the 
Board, orally:

1. That four Negroes had applied for admis­
sion to the School of Law, College of Engineering, 
•School of Medicine, and the School of Journalism, 
respectively; that they were graduates of Lincoln 
University, Jefferson City, Missouri; that they 
were able to satisfy the scholastic requirements pre­
scribed for admission to these divisions of the Uni­
versity; that no action had been taken on their ap­
plications; and that the one who had applied for 
admission to the School of Law had recently peti­
tioned the Boone County Court to issue an order 
requiring the Registrar of the University to act 
.upon his application.

“ After a lengthy discussion of the problem it 
was finally decided, pending a decision of the mat­
ter by the Board, to request the lawyer members of 
the Board to look into all of the legal aspects of the 
case and to advise the Board with regard thereto 
as soon as possible.”

Mr. Houston: Q. May I ask for the second, 
or next action!



216

(Note: The witness now produced a docu­
ment, which was by the reporter marked as Re­
lator’s Exhibit HH. Same was then read to the 
Court by Mr. Houston, being as follows, to-wit:)

RELATOB’S EXHIBIT HH.

Extracts from Minutes of Board of Curators 
of March 27, 1936, pages 1623a-1625.

The Board then proceeded to consider the ap­
plication for admission to the School of Law of the 
University of one LLOYD L. GAINES, colored, 
and of three other Negroes for admission to various 
divisions of the University.

After careful and thorough consideration of 
the entire problem it was ordered, upon motion, 
properly seconded, that the following resolution be 
adopted as the action of the Board on the applica­
tion of Negroes for admission to the University. 
(See minutes of meeting of Board of Curators on 
.February 8, 1936, page 1595.)

“ WHEREAS, Lloyd L. Gaines, Colored, has 
applied for admission to the School of Law of the 
.Uninversitv of Missouri, and

WHEREAS, the people of Missouri, both in 
the. Constitution and in the Statutes of the State, 
have provided for the separate education of white 
students and Negro students, and have thereby in 
effect forbidden the attendance of a white student 
at Lincoln University, or a colored student at the 
University of Missouri, and

WHEREAS, the Legislature of the State of 
Missouri, in response to the demands of the citizens



217

of Missouri, has established at Jefferson City, Mis­
souri, for Negroes, a modern and efficient school 
known as Lincoln University, and has invested the 
Board of Curators of that institution with full 
power and authority to establish such departments 
as may be necessary to offer to students of that 
institution opportunities equal to those offered at 
the University, and have further provided, pending 
the full development of Lincoln University, for the 
payment, out of the public treasury, of the tuition, 
at universities in adjoining states, of colored stu­
dents desiring to take any course of study not being 
taught at Lincoln University, and

WHEREAS, it is the opinion of the Board of 
Curators that any change in the State system of 
separate instruction which has been heretofore 
established would react to the detriment of both 
Lincoln University and the University of Missouri, 

THEREFORE, BE IT RESOLVED, that the 
application of said LLOYD L. GAINES be and it 
hereby is rejected and denied, and that the 
Registrar and the Committee on Entrance be in­
structed accordingly. ’ ’

Mr. Houston: Q. Without taking up any 
more time—you are familiar with the Minutes, Mr. 
Cowan, and with the contents thereof: Has there 
been any other action of policy regarding the ad­
mission of Negroes to the University of Missouri 
by the Board of Curators, further than directing 
the hiring of laywers to defend this suit brought 
by Miss Bluford? A. No more.



2 1 8

Q. Is there anything appearing on the record 
following the decision of the Gaines case by the 
United States Supreme Court, December 12th, 1938, 
or the decision of the Missouri Supreme Court on 
second hearing, decision rendered August 1st, 1939. 
where Mr. Canada has applied to the Board of 
Curators for further instructions as to his duties? 
A. No record.

Q. Is there any record where Mr. Middle- 
bush,—Dr. Middlebush, as President of the Uni­
versity, following the opinion of the United States 
Supreme Court in the Gaines case or the Missouri 
Supreme Court second decision, has applied to the 
Board of Curators for instructions? A. No 
record.

Q. So the Minutes show an adoption of policy 
by the Board prior to the decision of the United 
States Supreme Court and no adoption of a further 
policy, except as may be inferred by the approving 
of the hiring of lawyers in the Bluford case?

Mr. Hogsett: We object to that as an argu­
ment. He testified to what the record showed and 
didn’t show.

Mr. Houston: Well, that is repetition. I 
withdraw it.

The Court: Very well,-—withdrawn.
Mr. Houston: That is all.

Cross Examination of Leslie Cowan 
by Mr. Hogsett

Q. In accordance with the statute creating 
and regulating the University of Missouri, has the



■219

Board of Curators of the institution adopted a 
code of by-laws? A. It has.

Q. And has the University adopted a code of 
by-laws? A. It has.

Q. Are those printed and revised so that they 
are up to date? A. They are.

Q. I hand you this pamphlet and ask if that 
is a printed pamphlet, with inserts attached at 
appropriate places to show modifications and 
amendments, so that this pamphlet, with the re­
visions shows completely the by-laws of the Board 
Curators of the University and Faculty, as of the 
dates with which we are concerned in this case and 
as of the present date? A. This is it.

Mr. Hogsett: I offer that entire document in 
evidence as Respondent’s Exhibit No. 27. I will 
not read it—counsel may refer to it.

The Court: Any objection to this?
Mr. Houston: No,—no.

The following are the only material parts of 
said exhibit, and the same includes all material 
references to the Registrar and his duties:

BY-LAWS OF THE BOARD OF CURATORS

SECTION III—OFFICERS AND EMPLOYEES

1. The Board of Curators shall choose from 
its own membership at the annual meeting, a



220

President and a Vice-President of the Board who 
shall hold their offices for a term of one year or 
until their successors have been appointed and 
have qualified.

2. The Board shall appoint at the annual 
meeting from its own membership an Executive 
Board of three members and an Executive Com­
mittee of the School of Mines and Metallurgy of 
three members. Such Executive Board and Exe­
cutive Committee shall hold office for a term of 
one year or until their successors have been duly 
appointed and have qualified.

3. The Board of Curators shall appoint a 
Secretary and a Treasurer for the University at 
Columbia, and a Treasurer for the School of 
Mines and Metallurgy. The Board, and the Exe­
cutive Board, and the Executive Committee, when 
authorized to act, may also appoint such other 
officers and agents as may be deemed necessary. 
Such appointees shall hold their offices and posi­
tions at the pleasure of either the Board of Cura­
tors, or the body duly appointing them.

4. All officers whose duties are not pre­
scribed by State Statutes or by the By-Laws of 
the Board shall perform such duties as may be 
assigned them by either the Board, or the Execu­
tive Board, or the Executive Committee. The 
conduct, authority, and policy, followed by all of­
ficer, committees, faculties, and employees, shall



2 2 1

be subject to and in conformity with the author­
ity of the Board as determined by the Constitu­
tion of Missouri, the Statutes of the State, and 
the By-Laws and orders of the Board made in 
pursuance thereof.

5. The Secretary, and the Treasurer at Co­
lumbia, the Treasurer of the School of Mines and 
Metallurgy, and all other officers and agents en­
trusted with the care of or empowered to disburse 
University funds, shall be required to give bond 
in proper legal form and in a proper amount with 
adequate security for the faithful performance of 
their duties, such bond to be approved by the 
Board of Curators, or by the Executive Board, 
or, in matters pertaining to the School of Mines 
and Metallurgy by the Executive Committee.

6. The Treasurer of the University at Co­
lumbia, and the Treasurer of the School of Mines 
and Metallurgy, shall make a semi-annual settle­
ment of accounts in detail, and copies of such de­
tailed semi-annual settlement of accounts shall be 
filed with the Secretary of the Board of Curators, 
and the Executive Board, and the Executive Com­
mittee, respectively.

SECTION IX—THE PRESIDENT OF THE 
UNIVERSITY

1. The President of the University shall be 
the chief executive officer of the University. All



2 2 2

administrative officers, teachers, and employees 
shall be under his general supervision and direc­
tion.

# * # * # «

6. The President of the University is au­
thorized :

*  *  # * #

(d) To refuse to admit to the University 
any student not entitled to admission under the 
regulations of the University or who does not 
submit satisfactory evidence of good character.

PART II

BY-LAWS OF THE UNIVERSITY 
FACULTY

4. The Registrar of the University shall be 
Secretary ex-officio of the Faculty.

ARTICLE VII—REGISTRAR

1. The Registrar shall keep in his office com­
plete records of the work taken by students in



223

all divisions of the University, together with the 
credit and grades received therefor. He shall en­
ter upon the record of each student any official 
action taken concerning such student which affects 
his standing in the University and his eligibility 
for a degree. He shall prepare, whenever nec­
essary, and supply teachers and other officials of 
the University with blanks to be used in furnish­
ing his office with information for the prepara­
tion of required records.

2. Whenever a student shall be reinstated 
in the University after suspension or dismissal, 
the Registrar shall enter upon such student’s 
record the fact of his reinstatement.

3. It shall be the duty of the Registrar, upon 
the request of a student or his parents or guard­
ian to furnish to any person designated and en­
titled to receive it a transcript of such student’s 
record upon the payment of the duly authorized 
fee (if any). In every case where such transcript 
is furnished it shall include, without deletion, all 
matters contained on the original record. No 
transcript of any kind shall be furnished to per­
sons other than teachers and officials of the Uni- 
veritv except as herein provided for.

ARTICLE VIII—REGISTRATION

1. The Committee of Deans shall have gen­
eral control of the registration of students.



224

2. No undergraduate student shall be per­
mitted to carry courses aggregating less than 
twelve hours or more than sixteen hours in one 
semester, exclusive of the required work in Mili­
tary Science and Physical Education, except that 
the Dean of the division concerned may reduce 
the minimum in special cases at the time a stud­
ent registers or thereafter. However, the faculty 
of any college or school which does not grant ex­
cess or diminished credit may increase the maxi­
mum number of hours a student may carry in 
any semester in that school or college. Such 
maximum in any school shall not exceed that pre­
scribed or approved by the leading schools or pro­
fessional organizations in the field.

3. Students shall not be transferred, during 
a semester or summer session, from one division 
to another, except in extraordinary cases, and then 
only with the approval of the President.

4. The maximum amount of credit for ex­
tension and correspondence work shall be limited 
to twenty normal credit hours for one calendar 
year. Such work shall be ratably distributed over 
the year so that at no one time shall a student 
be taking an undue proportion of such work.

ARTICLE IX—ENTRANCE AND ADVANCED 
STANDING

1. The Registrar and the Committee on En­
trance shall administer the regulations, adopted



by the Faculty concerned, governing admission to 
the several Divisions of the University. They 
shall have power to refuse admission to a student 
from another institution who is not eligible to re­
enter the institution from which he comes or to 
refuse admission to a student presenting a scho­
lastic record showing previous work of an inferior 
and unsatisfactory quality.

2. No work offered by a student for admis­
sion to advanced standing in any division of the 
University shall be accepted for credit if such 
work was taken at an institution within the State 
unless such institution or the division or depart­
ment in which the work was taken has been ap­
proved by the Committee on Accredited Schools 
and Colleges. If such work was taken at an in­
stitution outside of the State, it shall not be ac­
cepted for credit unless such institution has been 
approved by the Faculty of the division concerned 
or the Dean thereof when empowered to act.

3. Is all divisions entrance conditions must 
be removed within two semesters from the date 
of the student’s entrance. A  student who fails 
to comply with this regulation shall be excluded 
from the division concerned unless permitted to 
reenter by the Faculty of that Division. The 
Dean of a division concerned may require a stu­
dent to register for subjects necessary to remove 
his entrance conditions.

4. A student, admitted to one division, may 
pursue courses for credit in another division to

225



226

which he has not been formally admitted, but 
only in accordance with all the rules and limita­
tions in force at the time when the work is done. 
A junior or senior in one divison who desires to 
take work for credit in another division, shall be 
admitted by the Registrar to such other division 
also, in all cases in which the Faculties of the 
divisions concerned regard such admission as de­
sirable and provide therefor.

5. No student shall be admitted by the Reg­
istrar to any division of the University, for work 
for which he is to receive credit, after the expira­
tion of one-fourth of the time for which the 
courses he elects are scheduled, except in extraor­
dinary cases when, on the recommendation of the 
Dean of the division concerned, the registrar shall 
admit him. Students entering late shall be ex­
amined or conditioned in the work which their 
classes have already done.

6. Special Students. In recognition of the 
fact that experience and maturity tend to com­
pensate in a measure for the lack of scholastic 
attainments, persons who can give satisfactory 
evidence that they are over 21 years of age but 
who can not satisfy the formal entrance require­
ments may, except as hereinafter provided to the 
contrary, be admitted to the various divisions of 
the University as special students, without pass­
ing the regular examinations required for en­
trance, under the following conditions: (a) They 
shall show good reason for not taking a regular 
course; and (b) they shall pass such examina­



227

tions, or other test as may be duly required, which 
shall demonstrate fitness to pursue profitably all 
the subjects selected by them; provided, however, 
that the Faculty of any Division concerned shall 
have the power to increase the requirements as 
above stated for admission of special students to 
its division or to exclude such students from its 
division.

Special students will be expected to do at 
least a medium quality of work and shall take all 
regular examinations. A special student shall not 
become a candidate for graduation until he has 
fulfilled the entrance requirements of the division 
to which he has been admitted, and shall have 
become a regular student therein.

7. With the consent of the Faculty of the 
division in which he is registered and of the teach­
er concerned, a student may be admitted to any 
course as a hearer. Hearers shall be registered 
but shall not be required to take examinations 
and shall receive no credit toward a degree for 
work done.

8. Claims for advanced standing shall be 
made within one semester after the student’s en­
trance. Such claims shall be filed with the Dean 
of the division concerned. Nothing herein con­
tained, however, shall be held to apply to the ac­
ceptance of grades or admission to examination, 
in subjects pursued in other institutions, with the 
consent of the Faculty of the division concern­
ed, after entrance in this University.



228

9. The Dean of the division concerned shall 
report to the Registrar all credits for advanced 
standing within one year from the date of the 
admission of the student. In case a student is 
admitted to senior standing, such report shall be 
made at least one month before Commencement 
Day of the session.

* # * # # #

ARTICLE XI— GRADES AND CREDITS 
# # # # # *

The Registrar shall enter on the student’s 
record the amount of partial credit assigned to 
such student, reducing on the record the amount 
of credit to be received by the student in such 
course by that disallowed.

# # # * # #

11. The Registrar shall, at the close of each 
semester and summer session, send a written re­
port of grades of all undergraduate students, to 
parents or guardians.

# # # # # #

ARTICLE X II— STUDENTS 
1. At the time of registration each student 

shall furnish the Registrar with his Columbia and 
his home address and shall without delay inform 
the Registrar of any subsequent change in either 
of such addresses.

* # * • # «



2 2 9

5. The Registrar shall, upon request, furnish 
the proper officers of honorary societies with 
information regarding the grades of students in 
proper cases.

* * * * # »

Mr. Hogsett: Q. Has Mr. Canada, as
Registrar, any power or does he exercise any power 
to fix policies or to make rules or to determine 
eligibility for admission to the University?

Mr. Houston: I object. The by laws speak 
for themselves.

Mr. Hogsett: I added to it—has he the power 
and does he exercise the power—the by laws would 
not say whether he exercises the power.

Mr. Houston: Then split the question up.
Mr. Hogsett: Q. Does Mr. Canada ex­

ercise any power, whatever, over the making of the 
policy of the University or rules and regulations 
affecting eligibility for admission as a student in 
the University? A. He does not.

Q. Is he, or is he not, a subordinate, ministeri­
al clerk in effect, under the Board? A. That is 
right.

Q. What are his duties—what does he do? 
A. Well, his duties consist of three major func­
tions,—

Q. Wbat are they? A. All of them carrying 
out the policies set up by the Board or Faculty; 
they are, the recording of grades and all work in 
connection with that, simply the routine work of 
actions carrying out policies laid down by the



230

Board and Faculty, the general correspondence of 
the Secretary and the Faculty.

Q. My question by inference referred to Mr. 
Canada as a man—that was a mistake—you know 
what I meant? A. Yes, yes.

Re-direct Examination of Leslie Cowan 
by Mr. Houston

Q. The Faculty of the University of Missouri 
has never adopted any regulation concerning the 
admission of Negro students, has it? A. As far 
as I know,—not.

Q. Mr. Canada does handle all routine mat­
ters concerned with the registration of students? 
A. Yes, sir.

Q. And he is the official through whom a 
student must pass in order to be admitted to the 
University—is that not true? A. That is right.

Q. And a permit to enroll is a condition for 
admission to the University? A. Part of it; yes.

Q. Well, he has to satisfy the requirements— 
but you have to have a permit to enroll before you 
can register? A. That is right.

Mr. Houston: I call the Court’s attention to 
the fact of Section III, paragraph 4, page 5, of the 
by-laws: (reading from Exhibit No. 27) “ All of­
ficers whose duties are not prescribed by State 
Statutes or by By-Laws of the Board shall perform 
such duties as may be assigned them by either the 
Board or the Executive Board, or the Executive 
Committee. The conduct, authority, and policy, fol­
lowed by all officers, committees, faculties, and em­
ployees, shall be subject to and in conformity with 
the authority of the Board as determined by the 
Constitution of Missouri, the Statutes of the State,



231

and by the By-Laws and orders of the Board made 
in pursuance thereof.” —I call Your Honor’s atten­
tion to the fact that so far as the Board of 
Curators of the University of Missouri is con­
cerned, the United States Constitution does not ex­
ist!

Mr. Houston: Now I ask for production of the 
form of oath that the Board of Curators take be­
fore coming into office, —have you that?

The Witness: That is here. (Producing 
paper.)

Mr. Houston: I ask that this be marked as 
our Exhibit II.

(Note: Said paper was now marked with the 
letters II, by the reporter, and was then read to 
the Court by Mr. Houston, being as follows, to- 
wit:)

FORM OF OATH FOR CURATORS

I,  ....... , do solemnly swear to
support the Constitution of the United States and 
the Constitution of the State of Missouri and faith­
fully demean myself in the Office as Curator of the 
University of Missouri.

Mr. Houston: Q. There is nothing in 
the Minutes of the Executive Board and. the Board 
of Curators relating to the policy of admission of 
Negro students? A. There is not.

(Witness excused.)



232

Mr. Houston: Now may I ask the applica­
tion of the Negro who applied for admission to the 
Journalism School prior to February 8th, 1936, 
University of Missouri.

(Note: A  number of papers were produced 
by Mr. Hogsett—handed to Mr. Houston.)

Mr. Houston: I would introduce in evidence 
this whole file, which I ask the reported mark as 
“ JJ .”

Mr. Hogsett: We have no objection to it. I 
think it should be in chronological order.

(Note: Said file of papers was by the re­
porter marked as Relator’s Exhibit JJ.)

Mr. Houston: No use to read all this, but N. 
A. Sweets, 4169 Enright Avenue, St. Louis, asked 
for a catalogue of the School of Journalism. The 
record shoAvs that his transcript from Lincoln Uni­
versity was received by the University of Missouri, 
December 9, 1935, and on that date there was a 
memorandum to Mr. Canada from Frank L. Martin, 
Dean, saying “ Dear Mr. Canada: I am enclosing 
with this letter a transcript of credits received at 
this office from Lincoln University for Mr. Sweets. 
I take it Sweets is a Negro.” —And, the gentleman 
being in the courtroom, there is no doubt about it. 
This file was closed in March, 1936, when Mr. 
Sweets was notified his application was denied. I 
introduce that to show that the matter is an old 
issue.

Mr. Hogsett: That statement is hardly ac­
curate—there were four of them that came at once 
—it wasn’t before the Gaines case.



233

The Court: That shows the date, does it? 
Mr. Hogsett: Yes, but his statement was mis­

leading.
Mr. Houston: I withdraw the statement and 

let the records speak for themselves.
(Note: Said Relator’s Exhibit JJ, documents 

shown in chronological order, is as follows:)
(Postcard, addressed “ Registrar, University 

of Missouri, Columbia, Mo.”  postmarked “ St. 
Louis, Mo. 4:30 PM Nov. 1, 1935” .)

Nov. 2 1935 11-1-35

Dear Sir: Please send me a Catalogue of 
your School of Journalism.

Very truly yours,
N. A. Sweets,

4169 Enright Ave.
St. Louis

(Carbon copy of letter)

November 6. 1935
Mr. N. A. Sweets 
St. Louis, Missouri 
4169 Enright Avenue

Dear Sir:

I am pleased to learn from your card of recent 
date that you are interested in work in the Uni­
versity of Missouri and accordingly I am sending 
you under separate cover a copy of the general 
catalog and an announcement of the School of 
J ournalism.



234

I f you wish to enter the University you should 
have me furnished with an official transcript of 
your high school credits and of any college work 
you may have had so that your admission may be 
arranged.

Very truly yours.
Registrar

(Printed card with blanks filled in) 

LINCOLN UNIVERSITY

Of Jefferson City, Missouri 
Office of the Registrar

Dec. 9, 1935
To School of Journalism 
University of Missouri 
Columbia, Missouri

As per request, I am enclosing herewith a 
transcript of the record of Nathaniel A. Sweets, 
of 11 North of Jefferson Ave., St. Louis, Mo., as 
it is on file in Lincoln University.
Date Dec. 7, 1935. Marguerite W. Hicks

Asst. Registrar

(Pink memo sheet)

University of Missouri, Columbia 
Inter-Department Correspondence Dec 9 1935

December 9, 1935
To Mr. S. W. Canada 
Registrar, University of Missouri 
130 Jesse Hall 
Subject:



For Explanation o f All Ttrma. S*t Back o f This 571—<

Lincoln University
oec •

JEFFERSON CITY, MISSOURI 
Office of the Registrar

AN OFFICIAL TRANSCRIPT OF THE RECORD OF

5ttha n i» l  A. Sweats the
L in coln  UnlT -r e lt Y , J ef fe r s o n  C ity , M lssonrl 

L Attendance: Admitted________________________ _
Graduated_Kajr _a ie

IL Status (o f Under Graduates):________
m . Entrance Credits: Sources of Credits.
(2) ---------------------------------------------------------

Withdrew.

... .....as of Beo"gh."r .7 y  1936 . 1#------
Attended_______ ---------------- Semesters
and___~ ■— ___ Summer Sessions

la gflad 3tending
(i) Montrose High School. Montrose. Mo.

_(8) Lincoln U nlr*rsltj, H-. M .-J o ff  °rson.Cit

rv.
How admitted__
College Credits.

J jC g r t l f lo a t f

English
Algebra
Geometry
Trigonometry
Greek

French
Spanish
German
History
Civics

Physics
Chemistry
Physiography
Botany

Zoology
Physiology
General Science
ComereL Subjects
Drawing
Shop Work
Home Economics
Agrienlturc
Vocations
B io logy

?al923

Spl924

i? Pal 9 25

Spl92f

Fal92£

S p l9 2 7

P a l927

Coarse No. 
in C eti'o fu t T I T L E  O F  C O U R S E

No.
Wmmka

Hoars per Week 

Roe. Lob.
Crm<io

Item
Hoa

Dept. No.

Sng. 1 Sngllsh Composition 18 3 B 3
«c. Accountancy 16 3 C 3
Pr. 2 French Classics 18 3 C 3
So. 1 Prln. of Soononics 18 3 C 3
Math. 1 Trigonometry 18 3 B 3
log* 2 Composition 18 3 B 3
Pr. 2 French Classics 18 3 C 3
So. 2 Prln. of Boonosd.cs 18 3 C 3
Hist. 1 Modern Soropesn 18 3 B 3
Bath. 2 College Algebra 18 3 C 3
Sng. 12 Sngllsh Literature 18 3 C 3
Sng. 3 Public Speaking 18 3 C 3
Psy. 1 Slem. Psychology IS 3 C 3
Sng. 12 Sngllsh Literature 18 3 B 3
Sng. 3 Public Speaking 18 3 A 3

Labor Problems 18 3 C 3
Intro, to Social Psy. 18 3 B 3

Psy. 2 Child Psychology 18 3 B 3
Hist. 1 l'od»rn Suropean 18 3 C 3
Sd. 60 Hist, of Sducatlon 18 3 B 3
Phil. 63 3th les 18 2 B 2

Psychology of Jr. H. S, 18 3 B 3
Biol. 1 General Biology 18 2 1 C 6
Soo. 1 Prln. of Sociology 18 3 D 3
Sd. 66 Tests and Meas. 18 3 B 3
Psy. 60 Applied Psychology 18 2 A 2
Sd. 64 H. S .  Math, and Mang. 18 3 B 3
*ng. 60 College Crarenar 18 2 C 2
Sd. 25 Sdueational Psy. 18 3 A 3
Pr. 6 French Phonetics 18 2 D 2
Pr. 62 Contemporary French Writ* rl8 2 B 2
So. 11 College Physics 18 3 2 C 6
Sng. 76 isgro Literature 18 3 B 0

Sd. I Intro, to Sducatlon 18 3 c / 3

») tfU-r-̂ MAr tfc- ^ »rf; At. ■





EXPLANATION

STATUS: \
An undergraduate student who withdraws from the University is either

(a) In good standing; or—
(b) On probation; or—
(c) Dropped for poor scholarship or excessive absence; or—
(d) Under suspension; or—
(e) Dismissed.

(a) A student in good standing is entitled to honorable dismissal in every sense of the term. No 
separate letter is necessary.

(b) A student is on probation either for poor scholarship or for disciplinary reasons. If for the 
former, the University will interpose no objection to his admission to any other school sub­
ject to his record here; if for the latter, the nature of the offense will determine the action.

(c) A student is dropped for poor scholarship by rule following an unsuccessful probationary 
period or by special action of the faculty at any time.

(d) A student may be under suspension for cause. Such a student must be reinstated before 
being honorably dismissed.

(e) A student is dismissed only for disciplinary reasons.

ENTRANCE CREDITS:
The term unit as applying to secondary work is used in its usual sense—the work in a subject 
covering 86 weeks of four or five periods each, a period running not less than 40 minutes with 
two periods in laboratory, shop or other practice counting as one in recitation.
A student is admitted—

(a) Unconditioned (when 15 acceptable units are presented).
(b) Conditioned (when less than 15 acceptable units with a minimum of 13 acceptable units 

are presented).
(c) Special student. To be admitted as unclassified a student must be at least twenty-one 

years of age and must show preparation for the branches of study chosen.
(d) Unclassified. A student whose exact status is pending precise determination. 

COLLEGE CREDITS:
A semester hour is the work of a class meeting one hour a week for eighteen weeks or the equiv­
alent in laboratory or other practice work.

MARKING SYSTEM:
A—90-100, Excellent 
B—80-89, Good 
C—70-79, Fair 
D—60-69, Poor 
F—Below 60, Failure

I—Incomplete Course Work
X—Absent from Final Examinations
W—Officially Withdrawn
WP—Officially Withdrawn, Passing
WF—Officially Withdrawn, Failing





N» IL

Spl9Z8

Id. SI 
Hitt. 70 
■ns. 69
Id. 63

*n«. 6r
log* 4 
Phjs. £4 
Biol. S3

Intro. to Philooophy 
Hogro Hi*torj < 
Tiotorlan Literature,, 
American Literature 
Teaching In H. 3. 
Ohoruo
Tlotorlan Literature 
Tlotorion Llt'ratur* 
0»n«ral Fheylco 
S * C " t lO B

Iot«i A f-e of on* dollar will t« 
charg'd for eaoh additional oopjr 
of this record.

U7

(Blgnatart) fc■ tjrlA. Al l t a. Registrar.





235

Dear Mr. Canada:

I am enclosing with this letter a transcript of 
credits received at this office from Lincoln Uni­
versity for Mr. Nathaniel Sweets. I take it Sweets 
is a Negro. A  previous letter from him in refer­
ence to the School of Journalism was referred to 
the president of the University without reply from 
this office.

FLM :kb

Very sincerely yours, 
Frank L. Martin, 
Frank L. Martin,

Dean

(See Photostats.)

Office of the President 
University of Missouri 

Columbia
COPY DEC 17 1935

Dec. 16, 1935
Mr. N. A. Sweets 
St. Louis, Missouri

Dear Sir:

I have your letter of December twelfth. Your 
iuquiry will be submitted to the Board of Curators



236

of the University at its next meeting, for final 
action.

Yours truly,
Frederick A. Middlebush

See correspondence 
Arnett G. Lindsay

(Reporter’s Note: The above is a carbon 
copy, except for the date stamp in upper right cor­
ner and the typewritten signature and memo in 
the left lower corner. The next item appears on 
regular Western Union printed blank, to which is 
affixed a sticker reading as follows: “ An answer
is expected by the sender of this message. Please 
give it to the messenger or telephone it to West­
ern Union.” )

The telegram follows:

Received at 12 South 8th St., Columbia, Mo. 
Phone 3148
AAJ53—DZ St Louis Mo. 25 1129 A 1936 
JAN 25 AM 11 57

REGISTRAR S W  CANADA
UNIVERSITY OF MISSOURI COLUMBIA MO

Please advise action board of Curators on 
my application for admission school of journalism 
Request you and all proper authorities act imme­
diately on application if and as necessary—

N A SWEETS.

(Note: On the back is the following pencil
memo.—“ Phoned Pres. Middlebush for advice. 
Has rec’d similar telegram and will reply. No re­



237

ply from me necessary. 1/25/36— 3 pm S. W. 
Canada” )

(Carbon copy of letter)

March 31, 1936
Mr. Nathaniel A. Sweets 
11 North Jefferson Avenue 
St. Louis, Missouri

Dear Sir:

This is to inform you that in accordance with 
a resolution adopted by the Board of Curators 
of the University of Missouri at a meeting held 
at the University Friday, March 27, 1936, your 
application for admission to the University is de­
nied.

Very truly yours,
SWC:MB S. W. Canada, Registrar

Mr. Houston: I introduce extracts from the
University catalogue, from Volume 40, Number 5, 
containing announcements for 1939-40, March 1, 
1939. I start at page 247, which contains an­
nouncements of the School of Journalism. I ask 
that this be marked Relator’s Exhibit KK.

(Note: Same was marked as requested, and
was then read to the Court, by Mr. Houston, 
being as follows:)



238

School of Journalism 

The School’s Teaching Plan

The School of Journalism, the oldest school 
of journalism in the world, is a professional school, 
having begun instruction leading to a degree in 
journalism in the fall of 1908. It is a charter 
member of the American Association of Schools 
and Departments of Journalism.

Equipment

The Journalism Unit is made up of Jay H. 
Neff Hall, the gift of Ward A. Neff, a graduate, 
in memory of his father, who was formerly a 
Kansas City publisher, and Walter Williams Hall, 
dedicated to the memory of Dean Walter Wil­
liams, founder of the Missouri School of Jour­
nalism. These buildings, connected by an arch­
way and trophy tower, with both overhead and 
underground passageways, are located at the north­
east corner of Francis Quadrangle. They con­
stitute a modern and completely equipped news­
paper and educational plant, well fitted for the 
work of reporters, copy readers, editorial, sports, 
and feature writers, book reviewing and editing 
of special pages and departments, country, and 
trade and technical journalism, a complete photo­
engraving plant for the making of newspaper cuts, 
a complete typography laboratory, art tables foj 
advertising layout work, a modern completely 
equipped business office for advertising space so­
licitors, several newspaper mat and cut services,



239

as well as all necessary materials for the handling 
of national advertising problems, local circulation, 
classified, and newspaper management for a daily 
“ wire-serviced”  newspaper.

Instruction is also given in actual processing 
and daily broadcasting of both local and leased- 
wire-service news through the facilities of radio 
station KFRU, Columbia, Missouri.

All news, editorial, feature, and advertising 
work on The Columbia Missourian, a daily news­
paper, except Sunday, is done by students in jour­
nalism, under direct supervision of faculty mem­
bers, all of whom are men and women of news­
paper and business experience. This laboratory 
practice is combined with work in the class rooms, 
which trains for a high standard of ethics and a 
better understanding of the moral problems that 
confront workers in the newspaper profession.

The School does not offer by correspondence 
professional courses in journalism.

The journalism library, in charge of a trained 
librarian and a staff of assistants, is open 11 y2 
hours daily, from 8:30 in the morning until 10 
o ’clock at night from Monday through Friday and 
8i/2 hours on Saturday, and contains over 4,929 
volumes and receives over 300 periodicals and 
newspapers from all over the world.

The School is equipped with direct-line tele­
phone service to all departments, many typewrit­
ers, a mimeograph machine, dictaphones, a motion 
picture machine, a slide machine, a delineascope, 
two printer-telegraph machines supplying a full 
leased wire from the United Press, four typeset­



2 4 0

ting machines, a complete stock of type for daily 
use, a rotary newspaper press with all equipment 
necessary for proper operation, a dark-room, cam­
eras, and photo engraving materials for a com­
plete photographic laboratory and the making of 
newspaper cuts.

Aims of the School

The School of Journalism exists to serve the 
newspapers of the State. The primary aim is to 
equip students for work on newspapers and other 
periodicals. Its methods conform to the most mod­
ern standards of journalism. Regular attendance 
is required at all times. Graduates are working 
as editors, copy readers, editorial writers, feature 
writers, editors of special pages and departments, 
book reviewers, free lance writers, novelists, Sun­
day editors, teachers of journalism, writers for 
agricultural and trade and class journals, on wom­
en’s pages, sports writers, illustrators, cartoonists, 
advertisement copy writers, advertising salesmen, 
for advertising agencies, classified department 
managers, newspaper promotion workers in the 
field of publicity, radio writing, play writing, mo­
tion picture work in both editorial and advertis­
ing, business and advertising managers, and press 
association correspondent, abroad and at home.

The School issues regularly a directory of 
graduates and former students.

Admission To The School

All communications regarding entrance should 
be addressed to The Registrar, University of Mis­



241

souri, Columbia, Missouri, who has charge of all 
matters relating to admission to any Division of 
the University.

Prospective students should not attempt to de­
termine finally for themselves their eligibility to 
enter the University, or any Division thereof, from 
a consideration of the material contained in this 
catalog, which is only generally descriptive of en­
trance requirements, is always subject to change, 
without notice, and does not purport to be exhaus­
tive. Those desiring to enter the University should 
correspond with the Registrar inasmuch as an of­
ficial determination of eligibility to enter the Uni­
versity can be based only upon a consideration of 
official credentials.

Admission to the School of Journalism is by 
application only. A prospective student must get 
from and file with The Registrar of the Univer­
sity of Missouri a form intended to supply in­
formation necessary to judge his particular quali­
fications for work in journalism. I f action for 
admittance is favorable, the student is so notified 
by The Registrar.

No student will be admitted to the School of 
Journalism who does not present, in the 60 credit 
hours required for admission, a grade average of
M. Any courses completed with grades of “ I ”  
or “ F ”  must be balanced with courses showing 
grades of “ S ”  or “ E .”  Credit presented from 
an institution other than the University of Missouri 
must meet this same requirement in terms of 
grade standards of that particular institution. 
When this requirement is not met the Dean of



242

Journalism may, upon special application, admit 
a student when it seems desirable.

The School’s students are made up of the fol­
lowing classes:

1. Students who have completed the first four 
semesters work or 60 hours credit (exclusive of 
the required work in physical training and mili­
tary science) in the College of Arts and Science 
of the University of Missouri, or the equivalent. 
Students must include in the 60 hours credit the 
following specific requirements: 10 hours of one 
modern language; 5 hours of physical or biologi­
cal science; 5 hours of American Government; 5 
hours of General Economics; 3 hours of either 
Mathematics or Logic (unless, on entrance, 3 units 
of high school mathematics have been presented); 
6 hours of courses in English Literature (this 
must be in addition to the 6 hours of “ Composi­
tion and Rhetoric”  required of all freshmen). A l­
though not required for entrance, these courses 
are urgently advised: General Psychology, 3 hours; 
and General Sociology, 3 hours. Students in Ag­
ricultural Journalism should include 5 hours of 
Chemistry. These students may enter as regular 
students and complete the requirements for the 
Bachelor of Journalism degree in two years. Stu­
dents who have more than two years of college 
credit may reduce the length of their stay, but 
the sequence of courses make it necessary for 
every student to spread his professional courses 
over at least three semesters, or two semesters 
and a Summer Session, or an Intersession. The 
student who combines his studies in the School 
of Journalism with studies in the College of Arts



243

and Science may obtain a degree from both in 
five years.

2. Students from other Divisions in the Uni­
versity, to whom certain courses in Journalism are 
open.

3. Graduate students in Journalism. Most of 
such students hold bachelor’s degrees in journal­
ism. They enroll in the Graduate School of the 
University of Missouri, but take their principal 
work in the School of Journalism.”

Mr. Houston: I wish to read from the same 
catalogue, reading the “ Graduate School,”  which 
begins on page 235. (Beading) “ The University 
of Missouri offers graduate instruction in classi­
cal languages and archaeology, modern languages, 
philosophy and psychology, education, social sci­
ences, journalism, mathematical and physical sci­
ences, biological sciences, the fine arts, home eco­
nomics, agriculture and engineering.”  * * * “ Stu­
dents are admitted to the Graduate School by the 
Registrar of the University, to whom applications 
for admission and official transcripts of records, 
including statement of degree or degrees, should 
be sent before the opening of the session.”  * 
* * “ The degree Master of Arts is offered to 
students who have spent in residence at least 
two semesters or four summer sessions (with the 
exception noted below) exclusively devoted to ad­
vanced courses of study and who have submitted 
an acceptable dissertation, when required by the 
department, of the candidates major subject, and



244

passed a final examination.” —I call Your Honor’s 
attention to the fact that under the regulations 
a student who is a candidate for an M. A. de­
gree cannot register for the M. A. degree until 
after he gets to the University.— (Reading) “ 2. 
Acceptance of Candidates. After admission to the 
Graduate School, a student wishing to become a 
candidate for this degree must fill out, in consul­
tation with his major adviser (and minor adviser 
if a minor is offered), upon a blank form provided 
for the purpose, a full statement of all work he 
proposes to offer for the degree, and must pre­
sent it to the Dean of the Graduate Faculty not 
later than one month after his or her registration, 
as indicated in the School Calendar (see page 3 ).”

Mr. Houston: I should like to have a copy
of the tentative report submitted by Dean Martin 
to President Scruggs, of Lincoln University re­
garding the establishment of a School of Journal­
ism.

(Note: Same was produced, and handed to
Mr. Houston.)

Mr. Houston: I should like to have this
marked for identification, but I am not offering 
it in evidence at this time.

(Note: The document produced was now by
the reporter marked as Relator’s Exhibit LL.)

Mr. Houston: Have you a list of the Schools 
and Departments of Journalism which are now 
members of the American Association of Schools 
and Departments of Journalism? I simply want



245

to establish the fact that the Department of Jour­
nalism in the University of Kansas, from which 
Miss Bluford graduated, is a member of the As­
sociation of Schools and Departments of Journal­
ism.

The Court: I suppose that is admitted,—
is it?

Mr. Hogsett: That is admitted.
Mr. Houston: It was a charter member, was

it not?
Dean Frank L. Martin: I really don’t know.
Mr. Houston: Is it admitted that it has been 

a member for several years?
Dean Martin: Yes.
Mr. Houston: Would you say as far back

as 1928?
Dean Martin: Yes,—and probably a charter

member.
Mr. Houston: The point being that it was

a member of the Association at the time she was 
in school.

Tht Court: Very well. Let it be so admitted.
Mr. Houston: Now I will ask you for a copy 

of the Missouri Alumni in Journalism. I think 
that what we can do to shorten the testimony is 
simply to say that this will show that every per­
son on the faculty of the University of Missouri 
School of Journalism either has a Bachelor’s de­
gree or an advanced degree from the University 
of Missouri, itself, in Journalism, except Dean 
Martin,—who came to the School in 1909 from 
Nebraska, before the school had gone long enough 
to issue any degrees. May I ask if that is a 
fact and can be so admitted?



2 4 6

Mr. Hogsett: I f it is a fact, it is admitted.
Is that true, Dean?

Dean Martin: Yes.
The Court: Very well. Let it be so ad­

mitted.
Mr. Houston: I offer that as evidence of the 

high caliber of the University of Missouri School 
of Journalism.—that they don’t have to go out­
side for their faculty. Now I should like to read 
this because I think it is important. I hate to 
inflict it upon Your Honor, but I didn’t intro­
duce some of these editorials though I think there 
are some basic things in them on some of these 
questions. I am referring now to the editorials 
in The Call, Friday, February 10th, 1939, which 
has been marked Respondent’s Exhibit No. 14. 
That is entitled, “ Two Schools, Double Costs.”

(Note: Mr. Houston now read said editorial
to the Court, same being set out above, at page 
128, et seq., of this transcript, q. v.)

Mr. Houston: I asked for a breakdown of
the geographical distribution of the students at 
the University of Missouri and the present en­
rollment. Do you have that? (Receiving same 
from Mr. Hogsett.) I ask that this he introduced, 
as Relator’s Exhibit MM.

(Note: Said document was marked as Re­
lator’s Exhibit MM, was read to the Court by 
Mr. Houston, and is as follows, to-wit:)



247

University of Missouri 
Columbia

Enrollment Statistics 
First Semester 1939-40 

Geographical Distribution 
United States of America 

(By States)

Alabama ................................................................. 5
Arizona .............    4
Arkansas ................................................................. 27
California ..............................    18
Colorado ..................   21
Connecticut .............................................................  17
District of Columbia ...................    5
Florida ..............................    10
Georgia ................................................................... 6
Idaho ..............................    2
Illinois ..................................................................... 174
Indiana ..............................    20
Iowa ......................................................................... 52
Kansas ..................................................................... 54
Kentucky .................................    8
Louisiana ...............................................................  7
Maryland ............................................................   4

Massachusetts .......................................................  13
Michigan ................................................................. 23
Minnesota ............................................................... 13
Mississippi .............................................................  8
Missouri .................................................................4629
Montana ................................................................. 6
Nebraska .................................................................  25
Nevada ..................................................................... 2



248

New Hampshire .................................   1
New Jersey ..............................    45
New Mexico ......................... —..............................  6
New York .............................................................  118
North Carolina .....................................................  7
North Dakota .........................................................  6
Utah ......................................................................... 4
Vermont ................................................................. 2
Virginia ............................................................—  5
Ohio ......................................................................... 19
Oklahoma ......................   58
Oregon ................................................................... 3
Pennsylvania .........................................................  26
Rhode Island .........................................................  1
South Carolina .....................................................  1
South Dakota .........................................................  9
Tennessee ......................................    19
Texas ....................................................................... 48
Washington .......................   2
Wisconsin ..............................    8
Wyoming .......................   7

Total ...................  5548

Foreign Countries

Albania ...................................................................  1
Alaska ..................................................................... 1
Australia ...........................   1
Canada ................................. -................................  4
China .....................................- ...............................  4
Cuba ....................................................................... 1
Hawaii ..................................................................... 4
Persia ..................................................................... 1



249

Panama ................................. _ ..............................  2
Philippine Islands ..............    1
Puerto Rico ......................    3
New Zealand .........................................................  1
Turkey ................................................................... 4

Total ...............................................................  28

Mr. Houston: In other words, that every­
body in the world is admitted, except Negroes.

Mr. Hogsett: Just a moment. Are you argu­
ing this case or putting this in evidence?

Mr. Houston: Both.
Mr. Hogsett: I object to his arguing.
The Court: Well, it won’t hurt the Court.
Mr. Houston: I call attention to the editorial 

of March 10th, 1939. This is Respondent’s Ex­
hibit No. 16. It is entitled “ No Evasion, No De­
lay.”

(Note: Mr. Houston read same to the Court. 
Said Exhibit 16 will be found set out above, at 
page 131, et seq.)

Mr. Houston: Just a few more, Your Honor, 
as typical. This is The Call, April 21, 1939, Re­
spondent’s Exhibit No. 21, headed “ We Also Are 
To Blame.”

(Note: Mr. Houston read same to the Court. 
Said Exhibit 21 will be found set out, above, at 
page 147, et seq.)

Mr. Houston: I think that will be enough,
Your Honor, at this time. Counsel calls it “ argu­
ment”  but I read these as speaking for them­



250

selves, on his examination of plaintiff, on the 
matter that The Call is doing its part to prevent 
Missouri’s performance.—We rest.

And here the relator closed her case in chief.

RESPONDENT’S EVIDENCE

The respondent, to maintain the issues upon 
his part to be maintained, offered and introduced 
evidence as follows, to-wit:

I. C. TULL, being called as a witness, was duly 
produced, sworn and examined, and testified 
as follows:

Direct Examination of I. C. Tull 
by Mr. Hogsett

'Q. Please state your name to the Court. 
A. I. C. Tull.

Q. What is your business or occupation! 
A. My business is Business Manager of Lincoln 
University.

Q. As such, have you been requested to bring 
here the books or loose leaf sheets from the books 
of account of the University, showing the status 
of the various funds appropriated to Lincoln Uni­
versity by the 1939 General Assembly! A. I 
have.



H
ggaggBgH

aaaaannggnciaanaaaaannannnnaannnannn

GENERAL LEDGER
L incoln University

name o r accountjeeascBAL-smct-
ACCOUNT NO._____ 1989 -  1940.______

NO._

DATE
C R I B I T S

■ALA NCI
AMOUNT TOTAL AMOUNT TOTAL

1939

J *n . i  270 , 000.01 8  1 1 ,8 1 0 .0 0 8  11 .810 .001 1268 ,890 .00

N b . 1 1 ,8 9 0 .0 0 2 8 ,2 0 0 .0 0 2 4 6 ,8 0 0 .0 0

l U r . 1 1 ,9 9 5 .0 0 3 5 ,1 9 5 .0 0 2 3 4 ,8 0 5 .0 0

A p r. 1 1 ,9 9 5 .0 0 5 7 ,1 9 0 .0 0 2 2 2 ,8 1 0 .0 0

“ V 1 1 ,9 9 5 .0 0 5 9 ,1 8 5 .0 0 2 1 0 ,8 1 5 .0 0

June 1 2 ,9 5 5 .0 0 7 2 ,1 4 0 .0 0 1 9 7 ,8 6 0 .0 0

J u ly 1 0 ,7 2 0 .0 0 8 2 ,8 6 0 .0 0 1 8 7 ,1 4 0 .0 0

* » € . 1 0 ,1 2 0 .0 0 9 2 ,9 8 0 .0 0 1 7 7 ,0 2 0 .0 0

S « p t. 1 1 ,6 1 8 .0 0 1 0 4 ,4 9 8 .0 0 1 8 5 ,6 0 7 .0 0

O ot. 1 1 ,5 1 3 .0 0 1 1 6 ,0 0 6 .0 0 1 5 8 ,9 9 4 .0 0

l O T . 1 0 ,8 0 8 .0 0 1 2 8 ,8 0 9 .0( 1 4 8 ,1 9 1 .0 0

D ~ . 1 0 ,8 0 8 .0 0 1 8 7 ,8 1 2 .0 0

8iI

1940

Jan , 1 0 ,8 0 8 .0 0 1 4 8 ,4 1 6 .0 0 1 2 1 ,5 8 6 .0 0

A





251

Q. Now I read from the Laws of 1939, the 
Session Acts, at page 76. The first item is as 
follows: (reading) For Lincoln University, pay­
able out of General Revenue fund, as follows: A. 
Personal Service: Salaries of President, business 
Manager, deans, professors, instructors, physician, 
librarian, secretary, registrar, assistant librarian, 
firemen, janitors, farmer, nurse and student la­
bor, $270,000.00.—-Will you kindly find the ledger 
sheet showing the status of that fund? Do you 
have it? A. I have.

(Note: Witness px-oduced a ledger sheet
which was by the reporter marked as Respond­
ent’s Exhibit No. 28.)

Mr. Hogsett: Qv It is in the form of a
double entry ledger account, headed “ Personal 
Service”  with the calendar year “ 1939”  up there 
and the months down the left-hand margin from 
January to January. The total starts with $270,- 
000, and there are so called credits against that 
which reduced it each month. We offer the ex­
hibit 28, in evidence.

(Note: Said Exhibit No. 28 is as follows,
to-wit:)

(See Photostat)



252

Mr. Hogsett: Q. The next item in the
appropriation is this: (reading) For new build­
ings, and rehabilitation of old buildings, building 
equipment, operative equipment, water supplies 
and plumbing, educational and recreational equip­
ment, furniture and other miscellaneous equipment, 
$216,000.00.—Have you the ledger sheet showing 
the status of that fund. A. I have.

Mr. Hogsett: Let it be identified, please.
(Note: Said ledger sheet was marked as Re­

spondent’s Exhibit 29.)
Mr. Hogsett: I offer in evidence that exhibit.

(Note: Mr. Hogsett narrated to the Court
the contents of said exhibit, the whole of same 
being as follows, to-wit:)

(See Photostat)

Mr. Hogsett: Q. The next item in the
appropriation is : General and special repairs,
operative equipment, transportation and convey­
ing equipment, $20,000.00. Have you the ledger 
sheet for that! A. I have.

Mr. Hogsett: Let that be identified, please,
and we offer it in evidence.



N A M E  O F  A C C O U N T ------- I M T T T a f S ________- ________  S H E E T  NO.

A C C O U N T  N O ----------------1989 -  1940_____________

DATE
D E B 1 T  S C R  E d  i t  e

AMOUNT TOTAL AMOUNT TOTAL

»
r 1939

t
V

J u ly ♦ 2 1 6 ,0 0 0 .0 0 ♦ 5 ,6 8 8 .5 4 ♦ 6 ,6 8 8 .5 4 ♦ 2 1 0 ,5 1 1 .4 6

r
9

l u g . 673 .92 6 ,3 6 2 .4 6 2 0 9 ,6 3 7 .6 4

T
V

S ept. 79 8 .6 2 7 ,1 6 0 .9 8 2 0 6 ,8 5 9 .0 2

V

77
O o t. 1 3 , 8 2 0 .0 6 7 ,9 8 1 ,0 6 2 0 8 ,0 1 8 .9 4

77
77

O o t. 17 , 8 ,2 4 7 .2 9 1 6 ,2 2 8 .5 6 1 9 9 ,7 7 1 .6 5

77
V7

H o t , 1 ,4 0 4 .6 1 1 7 ,6 5 2 ,9 6 1 9 8 ,3 6 7 .0 4

SI
77

Deo. 2 , 9 ,0 0 6 .0 7 2 6 ,6 3 8 .0 3 1 8 9 ,3 6 1 .9 7

17
77

Deo. 5 , 1 ,7 1 9 .2 4 2 8 ,5 6 7 .2 7 1 8 7 ,6 4 2 .7 3

7i
oz

D»c. SO, 384 .3 1 2 8 ,7 4 1 .6 8 1 8 7 ,2 5 8 .4 2

IF
zz

1940

5
77

Jen. 2 ,1 5 0 .5 2 5 0 ,8 7 1 .9 0 1 8 5 ,1 2 8 .1 0
sz
9C

Feb. 2 ,5 1 9 .5 6 5 5 ,1 9 1 .4 6 1 8 2 ,8 0 8 .5 4
U

n

«
OS

is
a
ss

K
St
9S
Li
n

u

0»
1»

a
c»
n

■------------------------------





□□□□□□□□□nannnnanm
nnnnna

A C C O U N T  NO._ 1989 -  1940.

a r o S H E E T

D B S i  t  a C R B d  i T  a

AMOUNT TOTAL AMOUNT TOTAL

# 2 0 .0 0 0 .0 0 I  688.84 t  6 8 5 .6 4 *  19

888.01 1 ,1 9 8 .6 6 18

6 8 .9 8 1 ,2 5 4 .4 8 18

2 1 8 .4 0 1 ,4 7 0 .8 8 18

7 8 1 .4 4 2 ,2 8 2 .8 2 IT

8 8 1 .1 3 2 ,6 9 8 .4 6 17

4 8 7 .9 2 8 ,0 6 1 .8 7 18

6 2 9 .0 4 5 ,5 8 0 .4 1 18

2 0 7 .2 8 5 ,7 8 7 .8 7 16

8 1 9 .8 1 4 ,6 0 7 .2 8 16

8 1 5 .8 7 5 ,2 2 8 .1 6 1*

1 ,0 1 1 .5 8 8 ,2 3 4 .8 8 IS

2 ,6 1 9 .0 0 8 ,7 5 3 *5 8 11
1 ,2 5 5 *2 5 1 0 *0 0 6 *9 3

53 9 .5 5 1 0 ,5 4 2 .2 8 »

1 ,0 1 2 .7 1 11,664.99 8

1,047.80 12,802.79 T

144.59 12,474.38 T

327.16 18,074.58 «

DAT!

1
Tr

1939
Jan .

rr Fab*

r
7~ M ar.

r
V

M ar*

oT
TT A p r.

zT
rr * y
ti
«T Juna

•r
zr JuAa

iT
«T J u ly

□ aj .  .

Aug.

S u p t.

■

O c t.

t&r.
Duo.

1940
Jon .

B





253

(Note: Said sheet, produced by the witness, 
was marked by the reporter as Respondent’s Ex­
hibit No. 30, was narrated to the Court by Mr. 
Hogsett, and is as follows, to-wit:)

(See Photostat)

Mr. Hogsett: The next item is this: Gen­
eral expense,—including communication, travel 
within and without the state, printing and bind­
ing, transportation of things, educational, scientific 
and recreational supplies, farm and garden sup­
plies, grounds and roadways material and sup­
plies, household supplies, laundry, cleaning and 
sanitation supplies, light heat, power and water 
supplies, medical, surgical and hospital supplies, 
small tools, miscellaneous supplies, small tools, 
miscellaneous supplies and repairs, stationery and 
office supplies, $100,000.00.—Have you the ledger 
sheet showing the status of that fund? A. I 
have.

(Note: Witness produced ledger sheet, which 
was by the reporter marked as Respondent’s Ex­
hibit No. 31.)

Mr. Hogsett: I offer that in evidence.



254

(Note: Mr. Hogsett narrated the contents of 
said Exhibit No. 31 to the Court, the whole of 
same being as follows, to-wit:)

(See Photostat)

Mr. Hogsett: Q. The next item on the 
appropriation is payable out of Lincoln University 
funds. A. I don’t have those. I just have “ state 
revenue.”

Q. I want both, Mr. Tull. A. Well, I can 
send them.

Q. I don’t want to cause you any inconven­
ience. If you will send over those sheets for these 
items: the Personal Service item of $28,000.00; 
the next item, Building Equipment, out of the 
Lincoln University fund, of $2,000.00; another one 
of General and Special Repairs, $2,500.00; and 
General Expense, out of the same fund, $16,000.00; 
— so that we will have the whole picture here,—not 
money from the General Fund hut money author­
ized to be used out of the Lincoln University Fund, 
because, after all, it is money there. A. It is 
money there; yes, sir.

Q. Now, we will go back to appropriation out 
of the General Revenue Fund: (reading) “ There
is hereby appropriated out of the State Treasury, 
chargeable to the General Revenue fund, for Linc­
oln University for the years 1939 and 1940, the sum 
of Two Hundred Thousand Dollars ($200,000.00)



E
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name o f  a c c o u n t  aminat------------------------------------  SHEET no .

A C C O U N T  N O ______ -_l*4Sl------------------------

o a a 1 T 8 C U E o i t a

AJ40WT TOTAL AMOUNT TOTAL

Jan. ♦100,000.00 ♦ 8,623.44 ♦ 8,623.46 ♦96,376.64
1
1

tab . 8,733.79 7,367.25 92,642.76 4

Map. 3,723.01 11,060.26 88,919.74 4

A pr. 6,759.64 16,839.80 83,160.20 9

*»r 4,190.86 21,030.66 78,969.34
9

10

Jana 3,990.46 26,021.11 74,978.89
n
it

July 700.00 26,721.11 74,278.89
ti
14

• 443.60 26,164.71 73,835.29
i»
10

1,900.00 28,064.71 71,938.29
17
1>

68.00 28,132.71 71,867.29
10
20

*«g. 698.76 26,731.46 71,268.64
a«

8«pt. 2,567.14 81,298.60 68,701.40 “ J24

Out. 3,063.74 34,362.34 66,637.66
m\
24

lOT. 4,303.99 38,666.33 61,333.67
27
24

637.63 39,203.96 60,796.04
n_
90

Dw>. 667.60 39,861.66 60,138.44
11
12

a 4,671.09 44,432.66 66,667.38
11
14

a 1,948.42 46,881.07 63,618.93
M
M

Jan. 1,331.61 47,712.68 62,287.42
17
34

t a b . 949.11 48,661.69 61,338.81
99

40
m 6,230.01 64,891.70 46,108.30

41
42

I j
41
44

J

169



'



iBgaggaaggnaagganaaaaaaaaannngnanannnnnnnnnrTal

NAME OF ACCOUNT M K  DT.P i SUSHIS---------------- SHEET NO.

ACCOUNT NO.________195? -  l f t j f l  ...-----------------

T
1939 

Aug.

•

Sept.

O ot.

H o t ,

Deo.
1940
J*n.

D I B I T S

AMOUNT TOTAL

1200,000.00

C R E D I T S

l ( 7*

t  4 1 5 .7 4  (  4 1 5 .7 4  (1 9 9 ,6 5 5 .2 5

1 2 6 .0 0  641 .7 4  1 9 9 ,4 6 8 .2 5

7 ,  8 8 7 .8 6  8 ,4 2 9 .6 9  1 9 1 ,6 7 0 .4 1

6 ,4 6 7 .5 5  1 5 ,8 8 5 .9 6  1 8 5 ,1 1 5 .0 6

2 0 ,2 9 7 .5 1  5 4 ,1 8 4 .6 5  j 1 5 5 ,8 1 6 .4 4

2 5 ,7 9 7 .4 8  6 7 ,9 8 0 .0 2  | 1 4 2 ,0 1 7 .9 8

2 1 ,1 8 7 .8 4  7 9 ,1 4 9 .8 8  1 2 0 ,8 8 0 .1 4

□□
□□

□□
□□

□□
□a

aa
aa

aa
aa

aa
aa

aa
aa

aa
aa

aa
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255

for the use of the Board of Curators of Lincoln 
University in employing additional teachers and 
instructors and the purchases of necessary equip­
ment for the purpose of opening new departments 
so as to comply with the provisions of Section 9618 
of the Revised Statutes of Missouri as amended by 
the Laws of Missouri, 1939.” —Have you the ledger 
sheet showing the status of that fund?

(Note: The witness handed to Mr. Hogsett a 
ledger sheet which was duly marked by the reporter 
as Respondent’s Exhibit No. 32.)

Mr. Hogsett: That exhibit is “ 32”  and I am 
going to read it in full.

(Note: Mr. Hogsett read same to the Court, 
interrupting his reading with question addressed to 
the witness as shown below. Said Exhibit No. 32 
is as follows, to-wit:)

(See Photostat.)

Mr. Hogsett: (reading item “ $20,297.61”  in
Exhibit No. 32 above) Was that in connection with 
the Law School? A. The Law School and the 
Printing Department.

Q. So the present balance, instead of only 
$1900, as we were told this morning, is $120,850.14, 
—is that true? A. Yes, this is the balance.



256

Q. Now I have covered, have I, all of the ap­
propriations out of the General Fund and the 
status of each, by months, is that right? A. Yes.

Q. Now will you supply the sheets for all the 
appropriations of money out of the Lincoln Uni­
versity Fund,—we will have the status, in like 
manner, of those funds, by months, will we not? 
A. Yes, sir.

Q. Showing the whole picture of the financial 
set-up and the status of the funds? A. Yes, sir; 
that is correct. That is the budget there of the 
$200,000.00, “ New Departments.”

Q. What is a budget? A. Well, a budget is 
a certain sum of money set aside to do certain 
things.

Q. Is that another way of saying “ an alloca­
tion by the Lincoln Board?”  A. Yes.

Q. Now, what is a budget? A. A budget is 
money set aside to lay out certain projects. In this 
case, it was money set aside for new departments, 
—for the Law School, Agricultural and Mechanical 
Arts, Business Administration, and a Graduate 
School. (Handing a document to Mr. Hogsett.)

Q. This paper which you have handed me is 
the budget or allocation by the Board of this 
$200,000.00? A. Yes, sir.

Q. That is what we mean by “ budget?”  A. 
Yes, sir.

Mr. Hogsett: I will offer that in evidence.



257

(Note: Said document was marked by the re­
porter as Respondent’s Exhibit No. 33, and is as 
follows:)

NEW DEPARTMENT

Appropriation for 1939-1940 _____________  $200,00.00
Law School

Estimated budget ________ ___$80,000.00

Estimated expenditures
Salaries and wages $23,000.00
Furniture and equip­

ment ________________  7,000.00
Library _____________  40,000.00
Operation _____________  10,000.00

Total Estimated expenditures 80,000.00

Free balance
NOTE: Amount disbursed to date

excluding salaries ___________ 21,283.37
Amount o f  encumbrance to date

excluding salaries _____________  16,263.50
37,546.87

Agriculture Department

Estimated budget as of July 
Estimated expenditures

1939 31,312.00

Salaries and wages 12,512.00
Instruction 3,000.00
Farm and garden 1,500.00
Dairy herd and horses 3,700.00
Swine herd 1,000.00
Dairy equipment 1,000.00
Hog house 700.00
Poultry 700.00
Rent and lease 3,900.00
Canning plant 900.00
Silo 1,139.00
Farm Machinery 4,000.00

Total estimated expenditures 34,051.00
Under estimated ...... 2,739.00

NOTE: Amount disbursed to date

excluding salaries 6,656.04
Amount of encumbrance ;o date

excluding salaries 5,889.85
Total expenditures to date 12,545.89

Mechanical and Industrial Arts

Estimated budget as o f July 1939 46,175.00



258

Estimated expenditures

Salaries and wages _ $17,800.00
Printing ______________  17,000.00
Drawing   1,500.00
Woodworking _ 1,000.00
Machine and auto

mech. ______ _____  5,875.00

Estimated budget as o f  July 1939 
brought forward _______   $46,175.00

Building construction 2,000.00
General shop ________ 1,000.00

Estimated expenditures 46,175.00
Balance

NOTE: Amount disbursed to date
excluding salaries ___ 8,643.77

Amount o f encumbrance to date
excluding salaries ____   9,892.46

Total expenditures to date 18,536.23

Business and Commerce

Estimated budget as o f July 1939 16,000.00

Estimated expenditures
Salaries and wages 10,000.00
Equipment 6,000.00

Total estimated expenditures 16,000.00
Balance

Graduate Courses

Estimated budget ________________  22,000.00
Estimated expenditures

Salaries 16,000.00
Library books 6,000.00

Total estimated expenditures 22,000.00
Balance

Combined total estimated expenditures $198,226.00

Estimated balance $ 1,774.00

Signed: I. C. Tull
Business Manager

Mr. Hogsett: Q. When was this so-called 
budget, Exhibit 33, adopted, or made? A. It was 
made in—



259

Q. Was it July, ’39,—1939! A. Yes, sir.
Q. By resolution of the Board! A. Yes, sir.
Q. Is that in these books! A. I suspect you 

had better call on the Secretary.
Q. Well, let’s not make a mountain out of it. 

Here at page 59 of the Minute Book of Lincoln 
University,—is that the tentative budget of expen­
ditures to which you have just referred! (Show­
ing same to witness) A. Yes, sir.

Mr. Hogsett: I offer in evidence, as Exhibit 
34, this tentative budget as it appears in this book, 
at page 59.

Q. I notice it is called on its face “ Tentative 
Budget,” —that is exactly what it means,—“ tenta­
tive!”  A. Yes, sir.

Q. If they see a new need arising somewhere 
that, in their judgment, makes it appropriate that 
they re-allocate, the power still resides in the Board 
to re-allocate! A. Yes, that is right.

(Note: Mr. Hogsett now read Exhibit No. 34 
to the Court. During the reading, at the point 
under “ Equipment for New Departments” —“ Law 
Library”  the following interruption occurred:)

Q. (By Mr. Hogsett) Incidentally, the State 
Law Library was not used and the Lincoln Uni­
versity bought a law library, did it! A. Yes, sir.

(Note: Thereupon, the reading was continued
to conclusion; said Exhibit No. 34, being portion of 
Minutes of the Meeting of the Executive Board and 
the Special Committee of the Board of Curators,



260

Lincoln University, Jefferson City, Missouri, July 
29, 1939, as offered, being as follows, to-wit:)

TENTATIVE BUDGET OF EXPENDITURES

Out of the General Revenue for New De­
partments and Courses Provided in House Bill 
No. 584, Section 3 ($200,000.00).

For Salaries:

Law Department—Instructors
and Librarian..............................  $15,000.00

Agriculture (College Division)......... 6,000.00
Mechanic Arts—Industrial

Engineering ................................  8,640.00
Commercial and Business Adminis­

tration .......................................... 2,880.00
Journalism and Printing................... 4,200.00
Graduate Courses— Education and

Arts and Sciences........................  22,200.00
Fine Arts—Music and Art............... 1,080.00

Total ....................... $60,000.00
To Equipment for New Departments:

Law—Library, Office Furnishings,
etc....................................................  1,000.00
(Assuming that the State Law 
Library may be used for the 

immediate future)
Agriculture .......................................... 21,000.00
Commerce and Business

Administration ..........................  6,000.00
Library—Departments ......................  20,000.00
Journalism and Printing................... 17,000.00



261

Mechanic Arts—Industrial and
Engineering ................................  13,000.00

Office Furniture and Classroom
Equipment .................................... 4,000.00

Total ......................  $82,000.00

Mr. Hogsett: This budget of $216,000 I will
•

skip,—unless somebody wants me to read it. It is 
on another subject,—I see no more of that which I 
care to read now. I think that covers the subject 
generally.

Mr. Hogsett: So, when Mr. Houston says to 
His Honor that there is left out of the $200,000 for 
new departments only the sum of $1774, that is not 
a fact, is it?

Mr. Houston: I object,—I never said so.
Mr. Hogsett: Oh, yes, you did,—two or three 

times.
Mr. Houston: I will offer in evidence the 

Minutes of the Board of Curators of Lincoln 
University—

The Court: Well, the record shows, anyhow, 
whatever it is.

Mr. Hogsett: Q. The actual unexpended 
balance in the $200,000 appropriation for new de­
partments, up to the end of January, a few days 
ago, was how much money? A. $120,850.14.

Q. That is there, in cash, in a bank account 
somewhere, subject to somebody’s warrant? A. 
Yes, sir.



262

Q. That is not a figment of the imagination, 
but is “ long green?”  A. Yes, sir.

Q. And the same thing is true as to these 
other balances,—it is actual money on hand, in a 
hank, somewhere, is that right? A. Yes.

Q. Were you here at the trial of the Gaines 
case? I believe you were. A. Yes, I was.

Q. You heard Dr. Elliff, the former Chairman 
of the Board of Lincoln University, testify in that 
case, I believe? A. Yes, I did.

Q. Do you remember him saying this,—and is 
this a fact,—that the General Assembly in the 
entire history of Lincoln University had always 
appropriated all the money that Lincoln University 
asked?

Mr. Houston: Just a minute—
The Witness: I will answer that.
Mr. Houston: All right.
A. Yes, I believe Dr. Elliff said that, but be­

ing connected with the institution for the last 
twenty-one years, and being in close touch with all 
the appropriations, I know we have never gotten 
half of what we asked for.

Mr. Hogsett: Q. Did you not, as a mat­
ter of fact, confirm Dr. E lliff’s testimony on that 
subject? A. No, I did not. I had my figures 
with me and they showed that we had a deficit in 
every appropriation.

Q. Yes, this appropriation is something dif­
ferent from actual cash balance? A. I am speak­
ing of the actual cash balance at that time.

Q. Let me ask you if you didn’t bring here,



263

and testify in the Gaines ease,—
Mr. Houston: This is his own witness.
Mr. Hogsett: He is a hostile witness.
Mr. Houston: You would not let me impeach 

Dean Masterson,—
Mr. Redmond: I think it is unfair of Mr. 

Hogsett to argue—
Mr. Hogsett: He is arguing with me.
Mr. Houston: Well, are you arguing, or not!
Mr. Hogsett: I will withdraw that question. 

—Did you testify in the Gaines case, and bring any 
schedules of unexpended balances? A. Yes, sir.

Q. I thought you did that, and wanted you to 
say so. It is true that the State of Missouri is a 
pioneer in the field of separate higher education 
for Negroes? It is the first state that created a 
University for Negroes, is it not? I think North 
Carolina followed since. A. I had better not an­
swer that. I don’t know.

Q. How many students have you there now? 
A. About 650.

Q. That is in Lincoln University at Jefferson 
Cyit alone, or in all departments? A. At Lincoln 
University, alone.

Q. Now you have a branch at Dalton, Mis­
souri? A. Yes, sir.

Q. How many are there? A. About 110.
Q. That is an agricultural— A. Vocational 

and Agricultural School.
Q. You have a Law School in St. Louis? A. 

Yes, sir.
Q. How many students are there? A. F if­

teen I think..



264

Q. Does that cover all the departments! A. 
Yes, sir.

Q. Of Lincoln University? A. Yes, except a 
few extension centers.

Q. On this subject of the General Assembly 
not giving you what you asked,—as a matter of 
fact do you know, from your 22 years of experience 
that all of the state institutions put in requisitions 
for whatever they think they should have,—don’t 
you know that? A. Yes, I presume they do.

Q. And the General Assembly aims to make 
the available funds meet all that? A. Yes, that is 
true.

Q. And the requisitions are not always 
granted in full, for anybody, are they? A. I be­
lieve not. That is the reason I said that we never 
have gotten ours.

Q. You never got all you put in for at the 
first asking? A. No.

Q. They never did quite meet your first ask­
ing price? A, No.

Q. How many members are there on the 
Board of Curators at Lincoln? A. Nine.

Q. I believe by law four of them are Negroes 
and five are white men? A. No,—by law four 
must be Negro, but there is no limitation on the 
number of Negroes on the Board, only you must 
have four.

Q. That is the minimum? A. Yes, sir.
Q. Tell us about the present Board, during 

the time we are concerned with,—going back to 
January, 1939. Who are white people and who 
colored on the Lincoln Board?



265

Mr. Houston: May I ask the materiality?
Mr. Hogsett: I think that counsel stressed 

somebody’s opposition.
Mr. Houston: I don’t know whether he is 

white or colored.
Mr. Hogsett: It is just as well to find out.

I have no ulterior purpose,—it is only to show 
what the facts are. You did stress it and I would 
like to show whether they are white or colored.

Mr. Houston: All right,—no objection.
A. Dr. McCluer, from Fulton, President of 

Westminster College,—he is a white man; Dean 
Boyer, the Dean of Kansas City University Law 
School,—

Mr. Hogsett: He is a white man? A, Yes,
sir. Mr. Himmelberger, from Cape Girardeau, is 
a white man; Mrs. Bowles, of Tipton, colored; 
Dr. Perry, of Kansas City, colored; Mr. Fry, of 
Mexico, white; Mr. Scruggs, of Jefferson City, 
white; Mr. Frank L. Williams, of St. Louis, color­
ed; Mr. C. C. Hubbard, of Sedalia, colored.

Q. Did you have nine there? A. Yes, sir.
Q. To avoid confusion,—Mr. Scruggs, of 

Jefferson City, a white man, is a different person 
from Dr. Sherman Scruggs, the President of the 
University? A. Oh, yes.

Q. Who is a colored man? A. Yes,—he is 
Cliff G. Scruggs.

Cross Exanmination of I. C. Tull 
by Mr. Redmond

Q. You are familiar with the situation at 
Lincoln as to the physical plant? A. Yes, sir.



266

Q. You heard the Minutes read to the effect 
that the school has no room in order to establish 
a School of Journalism, either graduate or under­
graduate work! A. No,—we don’t have even a 
single classroom free.

Q. You don’t have a single available class­
room? A. No.

Q. And the school has no plan at the present 
to set up a School of Journalism?

Mr. Hogsett: We object to that. The Min­
utes are controlling on that subject and reflect 
such a plan.

The Court: The objection will be sustained.
To which ruling of the Court the relator, by 

her counsel, then and there at the time duly ex­
cepted and saved her exceptions.

Q. (By Mr. Redmond) You have read the 
different amounts appropriated for the University, 
—how long is the school supposed to operate on 
those amounts? A. Until December 31, 1940.

Q. Has all the money appropriated to the 
school been allocated? A. All of it.

Q. Do you expect to wind up December 31st, 
1940 with a surplus? A. No, sir; no, sir.

Q. Will you have a deficit?
Mr. Hogsett: We object to that, as specula­

tive.
The Court: He may answer.
A. Well, we are going to try not to have a 

deficit. We are not supposed to have one, ac­
cording to the state law.

Q. (By Mr. Redmond) Judging from your 
experience, will you have a deficit?



2 6 7

Mr. Hogsett: We object to that as specula­
tive and repetition.

The Court: He has been there a long time 
and knows about how things run. I think he might, 
without guessing at it.

A. It will depend, Mr. Redmond, as to the 
amount of funds we take in whether we will have 
a deficit in the personal service. We are not with­
in the budget now in our personal service.

Q. (By Mr. Redmond) You mean, you have 
gone beyond it? A. Yes, and we have spent 
more or less for repairs and replacements. We 
have spent nearly three fourths of it.

Q. Now this $200,000 appropriated for new 
departments,—that is supposed to take care of 
the Law School? A. Yes, sir.

Q. The Agricultural Department and Me­
chanical Arts? A. Yes, sir.

Q. Business and Commerce and Graduate 
courses? A. We have all these courses going 
on now. We started in September. We have set 
aside $80,000 for that. Now for Agriculture we 
started really a new department, in September. 
The same with Mechanical Arts. Now Business 
and Commerce,—that course is going on. The 
Graduate courses we are planning to start in 
June, in the summer school. That will take up 
all the $200,000 except $1,774.

Q. So the whole $200,00 has been already al­
located? A. Yes, sir.

Q. Would it be possible for Lincoln Univer­
sity to establish a School of Journalism between



268

now and December 31st, 1940, without disrupting 
the school as it is now running?

Mr. Hogsett: We object to that for the rea­
son that the witness has not shown that he is 
qualified to state what would be required in set­
ting up a School of Journalism and that question 
obviously calls for that, as part of the answer.

Mr. Redmond: He can tell whether they have 
any money available.

Mr. Hogsett: The funds are disclosed by the
books.

The Court: I suppose the question is, whe­
ther or not any funds could be withdrawn from 
the budget and still maintain the departments. 
I will let him answer.

A. No,—I might say, Mr. Redmond, that we 
don’t have any money for Journalism. Of course, 
that was stated in the Minutes. I might also say 
that we have no space. That is the reason we 
have the Law School in St. Louis now. It never 
would have been in St. Louis had we had space 
in Jefferson City. We do not have space for any 
department now, other than what we have, and if 
there are any more new departments we will have 
to ask the legislature to appropriate money.

Q. (By Mr. Redmond) And I believe the 
fund has been already allocated? A. We have 
$170,000 set aside out of the $216,000, and we have 
plans and specifications now drawn for a dormi­
tory.

Q. And that will consume all the money now 
on hand for the building fund? A. Yes.



269

Re-direct Examination of I. C. Tull 
by Mr. Hogsett

Q. You didn’t have a farm right there at 
hand so you bought a farm at Dalton, didn’t you? 
A. No,—I will tell you what we did do: we
leased a farm.

Q. All right, I won’t quibble. You didn’t 
have a farm— A. Yes, we had a farm.

Q. But didn’t have enough? A. Didn’t 
have enough.

Q. You didn’t have space for a law school 
at Lincoln, so you— A. We had to go to St. 
Louis.

Q. You say you “ had to go to St. Louis.”  
As a matter of fact, you went there because there 
were more Negroes there interested— A. No, 
no.

Q. Did you have anything to do with that, 
at all? A. I certainly did.

Q. In any case, you did rent space in St. 
Louis, with four professors and a library of some
30,000 volumes? A. No, twenty-two thousand.

Q. What? A. Volumes.
Q. You started with how many thousand vol­

umes? A. Oh, I don’t know,—we just bought 
books,—most of the library we bought at one 
time.

Q. What is the General Expense appropria­
tion used for? That is rather elastic. A. Speak­
ing of operation.

Q. Under your heading, it was operation,— 
but General Expenses includes a lot of things—



270

A. Like water, fuel, educational and recreational 
supplies.

Q. It is long winded—a catchall for things 
not mentioned in other appropriations? A. Yes, 
sir; to buy supplies and service for the institu­
tion,— such as water and light.

Q. When you told Mr. Redmond these things 
were allocated, you haven’t taken any account of 
many thousands out of the Lincoln Usiversity 
fund? A. No, I might say—

Q. Well, you might answer the question. A. 
No, I haven’t taken account of them.

Q. Those funds are there in cash, also? A. 
Those funds are there in cash.

Re-cross Examination of I. C. Tull 
by Mr. Redmond

Q. What is the Lincoln University Fund? 
A. That is the money that we receive from fees, 
primarily from student fees. That money is ap­
propriated by the legislature, just like the revenue, 
but we must make our own appropriation,—that 
is, we turn over all fees to the State Treasurer 
and requisition it out.

Q. You can’t spend that money until it ap­
propriated by the legislature? A. No.

Q. So that isn’t money available for you to 
use as you see fit? A. We use that money, pri­
marily, for student labor. We have no appropri­
ation for student labor.

Q. You have testified what you have done 
concerning the Law School, but you were able to



271

do that because you set aside $80,000 in the $200,- 
000 for that purpose? A. Yes, sir.

Q. You have not allocated any money for the 
School of Journalism? A. No.

Q. (By Mr. Hogsett) These extra sheets,— 
when will they get here? A. Tomorrow morning.

Q. Will you, then, agree to have all those 
other sheets over here,—you don’t have to be here 
with them, unless you want to be. A. What time 
do you start?

Q. At nine o ’clock. A. Yes, I will be here.
(Witness Excused).

(Note: And now recess was taken for the
mght. Court reconvened at 9 o ’clock, A. M. the 
next day, to-wit, Saturday, February 10, 1940, all 
present as before, at which time the following 
proceedings were had herein, to-wit:)

The respondent, S. W. CANADA, being called as 
a witness, was duly produced, sworn and ex­
amined, and testified as follows:

Direct Examination of S. W. Canada 
by Mr. Hogsett

Q. Please state your name to the Court. A.
S. W. Canada.

Q. What is your occupation, Mr. Canada? 
A. Registrar, University of Missouri.

Q. How long have you been Registrar? A. 
About 17 years.



272

Q. What are your duties as Registrar? A. 
To conduct correspondence with students and pros­
pective students, to supervise admission and regis­
tration of students, and to keep and maintain a 
record of students’ work.

Q. Do you have or exercise any power to 
determine eligibility for admission? A. I am 
sorry—

Q. Do you either have or exercise any power 
or authority to determine eligibility for admission? 
A. Under Faculty and Board regulations, only.

Q. Who determines eligibility for admission? 
A. The Faculties and the Board.

Mr. Houston: You mean, standards?
Mr. Hogsett: No, I mean broader than that.
Q. What has the Faculty to do with deter­

mining eligibility for admission? A. The Faculty 
sets the academic standards.

Q. That is all they do in regard to that? A. 
Yes, sir.

Q. Who determines eligibility on broader 
lines,—say from the standpoint of either race or 
age or residence, anything of that kind? A. The 
Board of Curators.

Q. Do you have or exercise any power or 
authority to change, modify or to do otherwise 
than obey— A. None whatever.

Q. The rulings of that Board? A. None, 
whatever.

Q. It is obvious from the exhibits in evi­
dence that when Miss Bluford wrote you you did 
not know she was a Negro? A. That is correct.

Q. I believe you so stated in one of your 
letters, later? A. Yes, sir.



273

Q. Did you notice or observe the fact from 
her transcript that she had graduated from the 
Lincoln High School in 1928? A. I did not.

Q. I notice the initials in the letter to Miss 
Bluford of January 10th and the letter to> Miss 
Bluford of January 19th, and on the letter to 
Dean Martin are all “ V. B .” —who is that? A. 
Miss Virginia Brown.

Q. What does she do? A. She is one of 
my assistants. She has the title of “ Assistant 
to the Registrar.”

Q. She signed your name with, of course, 
your authority? A. Yes, sir.

Q. When was the first time you knew Lucile 
Bluford was a colored person? A. When she 
appeared for registration.

Mr. Hogsett: Take the witness.

Cross Examination of S. W. Canada
by Mr. Houston

Q. Will you give me that transcript, please? 
(Obtaining same) Mr. Canada, I exhibit to you 
transcript of Miss Lucile Bluford, Realtor’s Ex­
hibit A, and ask you as to the notation here 
stamped January 16, 1939,—what does that mean? 
(Showing same to witness.) A. That was the 
date transcript wras received in the office.

Q. I call your attention to the notation in 
the red pencil “ Grad V. B .” —that means that, 
according to the records, Miss Bluford was ac­
cepted as a graduate student, that her eligibility 
was established for admission as a graduate stu­
dent, on the record, does it not? A. Yes, sir.



274

Q. Then I show you a notation in blue pen­
cil “ No”  with “ SW C”  endorsed, and blue pencil 
lines through the red pencil writing by Miss Brown, 
the notation “ Grad. V. B .”  A. That was a no­
tation that I made to indicate to our office that 
she was to be given no registration materials on 
the strength of that transcript.

Q. And the reason was, solely, because she 
was a Negro, is that right? A. Yes, sir.

Q. Now I show you a card, which I am ask­
ing to be marked NN and I ask you what that 
card is, Mr. Canada?

(Note: Card marked as requested.)
The Witness: A. That is a form we term a 

“ Permit to Enroll.”
Mr. Houston: Q. Take these exhibits, —

and I think you will find this in the reverse 
order, the earliest is on the bottom, (handing file 
of exhibits to witness). Take that correspondence 
and go through the registration procedure and 
tell us what part of that procedure does not fall 
exclusively within the jurisdiction of your office.

(Note: The witness received the file of ex­
hibits and examined same.)

Mr. Houston: For the sake of the record,
I will state that I am exhibiting to the witness 
Relator’s Exhibits B through AA, covering cor­
respondence between Lucile Bluford and the Uni­
versity of Missouri officials.

The Witness: I am not sure I fully under­
stand your question.

Mr. Houston: Well, let me strike that from
the record, because I don’t think it is altogether



275

clear.—There is nothing that Lueile Bluford did, 
or in her case, so far as sending her request for 
information, sending back the application blank, 
having the transcript forwarded and evaluated, 
that did not come within the jurisdiction of your 
office,—that is true, is it not? A. Yes, sir.

Qc And if Miss Bluford had been white, 
would it finally mean, on anybody else, with that 
notation that she was accepted on the record when 
she paid her fees,—she would have been enrolled, 
is that not true? A. Yes, sir.

Q. Now, Mr. Canada, you say you are an 
official, or a subordinate official, working under 
the Board of Curators of the University of Mis­
souri? A. Yes, sir.

Q. You do not put the University of Mis­
souri Board of Curators above the Missouri Su­
preme Court, do you?

Mr. Hogsett: We object to that as argumenta­
tive and irrelevant.

The Court: Objection sustained.
Mr. Houston: I ask that for the purpose

of the record, and take exception to the Court’s 
ruling.

The Court: It is saved.
To which ruling of the Court the Relator, by 

her counsel, then and there at the time duly ex­
cepted and saved her exceptions.

Mr. Houston: I want to ask the witness:
Does the witness recognize the authority of the 
United States Supreme Court as superior to the 
authority of the Board of Curators of the Uni­
versity of Missouri?



2 7 6

Mr. Hogsett: Same objection.
The Court: Same ruling.
Mr. Houston: Exception.
To which ruling of the Court the relator, by 

her counsel, then and there at the time duly ex­
cepted and saved her exceptions.

Q. (By Mr. Houston) When did you first 
find out that Miss Bluford was a Negro? A. 
When she appeared at my office for registration.

Q. Negroes are the only classes of students, 
qualified students, not admitted by you to the 
University of Missouri,—is that true? A. Yes, 
sir.

Q. So that foreigners are admitted, as well 
as non-residents and also non-Caucasians are ad­
mitted, as well as Caucasians? A. Yes, sir.

Q. And as to foreigners coming from outside 
the State of Missouri, you do not ask them any 
questions as to whether they pay taxes, or whether 
they are going to remain in Missouri after they 
graduate ? A. No.

Q. The sole question you ask foreigners, ex­
cept Negroes, is whether they can pay the fees 
established by the Board of Curators and meet 
the lawful uniform requirements established by 
the Board for the academic qualifications, and 
their good moral character? A. My office does 
not inquire into their ability to pay fees.

Q. Your office inquires only into the aca­
demic qualifications, moral character, and makes 
no inquiry whatsoever as to any other facts, so 
long as they are not Negroes? A. That is right.

Q. Now do you know how long Miss Blu-



ford was on the campus before you read her that 
prepared statement ? A. No, I do not.

Q. Have you received any instructions from 
the Board of Curators regarding the policy of 
admission of Negroes subsequent to the resolu­
tion of March 26th, 1936, dealing with the Gaines 
case? A. No, sir.

Q. You wrote Miss Bluford a letter on Sep­
tember 8th, 1939, advising her that you had in­
formation that a course in Journalism was going 
to be established at Lincoln University. What was 
that information? A. As 1 recall, it was from 
the President of the University, who told me that 
that was his understanding.

Q. Miss Bluford asked you by letter in Sep­
tember what information you had, and teliing you 
also that she had been unable to get any infor­
mation, herself. Why didn’t you answer her and 
tell her the information you had? A. I don’t 
know.

Mr. Hogsett: I object to that as an unfair
question. As a matter of fact, the correspondence 
shows the witness on September 13th wrote Miss 
Bluford that information about work in Journal­
ism from Lincoln University should come from 
Lincoln University, rather than from the Univer­
sity of Missouri, which was, I think, a perfectly 
sensible thing- for him to do. So it is not fair 
to ask why he did not answer her letter.

Mr. Houston: This morning I asked 1dm the
question and he didn’t choose to stand upon that 
letter, and just now says he does not know why—

The Court: I will let the answer stand. I



278

don’t see that it makes much difference, one way 
or the other.

Mr. Houston: Q. Now did your law­
yers prepare your return in this case upon con­
sultation with you, or did they prepare it out of 
their own knowledge? A. Upon consultation.

Q. What did you mean, then, by paragraph 
16 of the return which says: (reading) “ At all 
times Lincoln University has had, and it still has, 
ample funds by state appropriation for its proper 
support, maintenance and operation; and the op­
portunity for higher education of Negroes in Lin­
coln University has been at all times and is now 
substantially equal to that available to white stu­
dents in the University of Missouri?”  A. I did 
not confer with my attorneys with respect to that 
paragraph,—what I meant to say was that I con­
ferred with our attorneys on the whole matter of 
the return, but not on that particular paragraph.

Q. In other words, the answer or return is 
their mental production, and not yours,—is that 
right? A. I don’t know about that.

Q. Look at paragraph 16 and say whether 
you want to stand on it, or whether you want to 
abandon it.

Mr. Hogsett: We object to that as an im­
proper question.

Mr. Houston: Oh, no.
Mr. Hogsett: Just a moment. There is no

assumption that the witness is doing anything else 
than standing on his return, and, therefore, the 
question is entirely out of order.



279

Mr. Houston: There is an answer in the 
record that the witness never consulted his coun­
sel about that particular paragraph

The Court: Oh. well, he may answer.
The Witness: What was the question?
(Note:, Question read by reporter upon re­

quest.)
Mr. Houston: Q. The allegation in there

that the opportunities for higher education of Ne­
groes at Lincoln University have been and now 
are substantially equal to those available to white 
students at the University of Missouri? A. So 
far as my information goes, yes, sir.

Q. That is your position? A. Yes, sir.
Q. Now you knew at the time you wrote the 

first letter to Miss Bluford that there wasn’t any 
School of Journalism in the Lincoln University, 
didn’t you,—as a matter of fact? A. No, I did 
not know what they were offering.

Q. Well, you had good reason to believe, 
did you not,—if you didn’t know it in the sense 
that you were over there and had seen it,—you 
knew it by general reputation? A. I had not 
been over there.

Q. I am assuming you had not been over 
there,—but, short of actually going over there and 
seeing the place in operation and visiting classes 
and so forth, you knew, by general reputation, 
there was no School of Journalism at Lincoln 
University, didn’t you? A. No, I can’t say that.

Q. Did you think there was actually in ex­
istence a School of Journalism there? A. I can’t 
say that.



280

Q. What did you mean by your letter of 
August 16th, which is Relator’s Exhibit N ! (Show­
ing same to witness.) A. Well, that seems pretty 
clear. I wrote that I understand that it is the 
duty of the Board,—referring to the Board of 
Curators of Lincoln University,—to arrange for 
work in Journalism.

Q. But you didn’t tell her that work in Jour­
nalism was available,—you said plans were being 
made to arrange for it, is that true?

Mr. Hogsett: He didn’t say that. The let­
ter speaks for itself.

Mr. Houston: I know, but I want him to
testify. “ Since I understand it is the duty of 
that Board to arrange for such work,—our infor­
mation is that plans have been made for such 
work.”  You were being perfectly frank, candid 
and open with Miss Bluford, weren’t you? A. I 
think so.

Q. If you had known that a School of Jour­
nalism was actually in existence, you would have 
stated so in your letter, would you not? A. Oh, 
I might have,—yes, I probably would.

Q. If you were actually honest and candid 
with Miss Bluford, you would have,—no “ prob­
ability”  about it, is there?

Mr. Hogsett: We object to that as an argu­
ment.

The Court: He may answer.
The Witness: I can’t say. Perhaps I would.
Mr. Houston: Q. Do you think that would

have been a fair standard of honesty, —to say 
“ perhaps”  you would?



2 8 1

Mr. Hogsett: We object to that as argumen­
tative.

The Court: Objection sustained.
Mr. Houston: No exception,—question with­

drawn. That is all.
(Witness excused.)

Mr. Hogsett: The Court, of course, takes
judicial notice of all appropriation acts, but so 
that the record may show the acts applicable here 
I would like to cite them in the record, during 
the time it covers,—the appropriation acts begin­
ning with 1921, appropriations for Lincoln Uni­
versity as found in these sections:—

Mr. Houston: May I save an exception on
that,—an objection as being irrelevant and im­
material ?

The Court: Very well.
To which action and ruling the relator, by 

her counsel, then and there at the time duly ex­
cepted and saved her exceptions.

Mr. Hogsett: These laws are found at the
following pages: Laws of 1921, pages 65, 87,
101; Laws 1923 at pages 51, 60, 61, 96, 128; Laws 
1925, pages 57, 78; Laws of 1927, page 88; Laws 
of 1929, pages 24 and 101; Laws of 1931 at page 
46; Laws of 1933, pages 124 and 130; Laws of 
1935, pages 66 and 67; Laws of 1937, pages 72, 
73 and 74; Laws of 1939 at pages 76, 77 and 78.

Now let the record show that the total of 
those appropriations is $5,034,653.49.



282

And the respondent called as a witness FRANK
L. MARTIN, who, being produced, sworn and
examined, testified as follows, to-wit:

Direct Examination of Frank L. Martin 
by Mr. Hogsett

Q. Please state your name. A. Frank L. 
Martin.

Q. What is your occupation? A. Dean of 
the School of Journalism, University of Missouri.

Q. How long have you been associated, in 
any connection. Avitk the University of Missouri? 
A. Since 1908.

Q. In what capacities have you been con­
nected with that institution? A. As a teacher and 
Associate Dean and Dean.

Q. How long have you been Dean? A. Five 
years.

Q. Whom did you succeed as Dean? A  . Wal­
ter Williams.

Q. What had been your previous newspaper 
experience, Dean Martin? A. Six years on the 
Kansas City Star, one year as news editor of the 
Japan Advertiser,—five or six months with the 
Associated Press.

Q. Repeat that about the Japan Advertiser. 
A. One year with the Japan Advertiser, as the 
news editor, but that was during my connection 
with the School of Journalism.

Q. Are you familiar with the requirements 
for setting up a School of Journalism, for gradu­
ate and undergraduate instruction? A. Yes, sir.

Q. Have you. at our request, prepared an



283

outline for a Department of Journalism at Lin­
coln University, at Jefferson City, Missouri, in­
cluding both graduate and undergraduate instruc­
tion in Journalism, equal in all respects with the 
Department in the University of Missouri? A. 
Yes, sir.

Q. Will you kindly produce that outline? A. 
(Producing a typewritten document.) This is the 
first—

Mr. Hogsett: Let that be identified, please.
(Note: Same was marked as Respondent’s

Exhibit No. 35.)
Mr. Hogsett: I offer in evidence Respond­

ent’s Exhibit No. 35.

Q. Will you take that exhibit and read it 
to the Court and if at any time, during any part 
of it, you desire to comment on it, do so, at that 
point? A. The title of this is “ Outline for Jour­
nalism Instruction at Lincoln University, Jeffer­
son City, Missouri.”  (Reading.)

‘ * Organization

It is recommended that a separate academic 
unit within the College of Liberal Arts, with a 
department chairman or director in charge, to be 
known as the Department of Journalism, shall be 
established.

Admission

In addition to a four-year high school course, 
it is recommended that all applicants for admis-



284

sion to the Department shall have completed two 
years of college work in Lincoln University, or 
another university or college of equal rank (60 
semester hours exclusive of military science and 
physical training). Credits presented for admis­
sion should include:

Two semesters of one modern foreign language 
(8 hours minimum).

A course in physical or biological science.
One semester of American Government.
One semester of General Economics (3 hours 

minimum).
Three hours of either Mathematics or Logic 

(unless on entrance three units of high school 
mathematics are presented).

Six hours of courses in English Literature 
(this must be in addition to the 6 hours of Compo­
sition and Rhetoric required of all freshmen).

Although not required for entrance, courses 
in General Psychology and General Sociology are 
urgently advised.

Admission of students with a scholastic stand­
ing below average or as special students (those 
who do not meet the requirements mentioned) shall 
be granted only by special permission of the Chair­
man of the Department.

Faculty

The Faculty, it is recommended, shall consist 
of (minimum):

1 Professor (or Associate Professor).
1 Assistant Professor.



285

1 Assistant Professor.
1 Instructor.”

Q. (By Mr. Hogsett) When you read that 
—it sounds like you were repeating,—one assistant 
professor,—do you mean to set up four men? A. 
Yes, sir.

Q. Yes, sir. (Continuing reading.) “ Such 
other instructors or assistants as number of stu­
dents enrolled and demand for professional courses 
of instruction may make necessary.

It is recommended that all teachers of pro­
fessional rank giving technical instruction have a 
minimum of five years of practical newspaper or 
other journalistic experience, in addition to an 
academic degree.

Graduation Requirements

It is recommended that 60 semester hours of 
credit following admission to the department of 
Journalism be required for graduation as follows:

Thirty hours of professional journalism 
courses.

Twenty hours of upper division courses in 
the College of Liberal Arts.

Ten hours of electives (not more than 5 hours 
of electives may be taken in professional journal­
ism courses).

The following basic courses in Journalism 
should be organized:

History and Principles of Jour­
nalism (one semester) .......5 hours credit



286

News (or News Writing) one
semester ................................3 hours credit

Reporting (two semesters) .......6 hours credit
Copy Reading (or Editing)

(two semesters) ...................6 hours credit
Principles of Advertising

(one semester) .....................3 hours credit
Editorial Writing and Public

Opinion (one semester) ....3 hours credit 
Feature Writing

(one semester) ........... -....... 3 hours credit
Press Photography

(one semester) .............1 (2) hours credit

30 hours credit”

A. I should like to remark that there is no 
standardization for the nature or character of 
the content of courses like that. (Continuing read­
ing.)

“ In addition, some or all of the following 
courses should be offered if the number of stu­
dents enrolled and demand justifies: Law of
the Press, The Rural Newspaper (including edit­
ing, publishing, production, management), Typog­
raphy, advanced Advertising (including retail, 
writing, layout, problems), Advanced Reporting, 
Advanced Copy Reading, Advertising Copy, Ad­
vertising Salesmanship, Circulation Methods, Clas­
sified Advertising, Advertising and Distribution, 
Direct Advertising, Promotional Advertising, 
Trade and Technical Publications, Comparative 
Journalism, Newspaper Making, News Broadcast­



287

ing, The Special Article, Literary Reviewing, News­
paper and Magazine Departments, The Agricul­
tural Press, Foreign Correspondence.

In addition to the 30 hours of professional 
journalism courses in the minimum of 20 hours 
of liberal arts courses, students shall be required 
to select for study advanced subjects in the fol­
lowing fields: History, Economics, Government
and Politics, Sociology, Philosophy, Literature and 
English Composition, Natural Science and Psy­
chology.

Electives should be chosen from the same
fields.

‘ ‘ Degree

It is recommended that with the successful 
completion of four years of work, not fewer than 
120 semester hours, which includes a program of 
study as outlined, candidates for graduation be 
awarded the degree of Bachelor of Arts and that 
this degree be so designated as to indicate that 
gi aduates have completed a major in professional 
journalism subjects. Scholastic attainment shall 
be required equal to that required for all candi­
dates for the Bachelor of Arts degree.

“ Enrollment

“ It is recommended that only a limited num­
ber of ‘ special’ students be enrolled. At least 
four fifths of the students admitted should be 
candidates for a degree and meet all requirements 
of such candidates. Only students with a scholas­



288

tic rating of M (medium) or better should be ac­
cepted for admission.

“ Library

“ Adequate library facilities for students ma­
joring in Journalism shall be available. These 
facilities should include contemporary and histori­
cal files (as far as possible) of newspapers and 
periodicals and books and treatises dealing with 
the various fields of journalism.

“ Laboratories 

“ News and Editorial

Laboratory space with such equipment (desks, 
typewriters, files, reference volumes, editors’ and 
copy reading tables, etc.), should be available for 
use in connection with instruction in the techniques 
of journalism, with a view of familiarizing stu­
dents with the production methods of the various 
forms of journalism under study.

“ Student Newspaper

It is recommended that a student newspaper 
be used for laboratory purposes with journalism 
department instructors as directors or supervisors. 
In the event no student newspaper now exists, 
it is recommended that one be established.’ ’

Mr. Hogsett: Q. May I stop you at
that point, to draw a separation line,—up to that 
time have you outlined the undergraduate school?



289

A. I think so,—unless it is included also some­
place else.

Q. Well, go right on. It will be self-explana­
tory as you read it. A. Yes, sir. (Reading.)

“ Graduate Instruction

“ Graduate work should be established pri­
marily for the purpose of research and advanced 
study, with a view of providing opportunity for 
specialization in definite phases of journalism, not 
with a view of continuation of practice in or study 
o f techniques already covered in undergraduate 
courses.

“ Admission

“ The number of students admitted should be 
strictly limited. Formal applications for admis­
sion to graduate work should be approved only 
if the candidates meet the following requirements:”

The Witness: As I should like to state this
is nothing but my personal opinion as to graduate 
work. Graduate work in my institution is under 
direction of the Dean of the Graduate School and 
students who wish to do work in Journalism are 
assigned to Journalism, where they are advised, 
but as to the requirements,—that is not within my 
province at all, but I am trying in this to indicate 
the kind of work that a graduate students ought 
to do who is majoring in Journalism.— (Reading)

“ a. Superior undergraduate scholastic
record.



290

b. Ability to do satisfactory research.
c. Evidence of a definite interest in some 

phase or problem of journalism, in which re­
search study will result in contribution of 
knowledge of value in this particular field and, 
in addition, fit the candidate for more suc­
cessful practice.

d. Minimum 24 hours basic professional 
undergraduate journalism work.

“ Programs of study for graduate work in 
journalism should provide almost entirely oppor­
tunity for the study of broad newspaper policies, 
and problems, study of public opinion and re­
search, investigations of current trends and past 
experiences. Such study should not include tech­
niques found in the normal undergraduate courses 
and laboratories, but, in the main, is accomplished 
by exhaustive references to newspaper files, 
books, and all other literature of journalism, sup­
plemented by correspondence and interviews with 
publishers and editors. For such study no school 
newspaper laboratory is necessary or desirable. 
It is recommended that a curriculum for graduate 
study in journalism be arranged in accordance with 
the following:

1. Research in journalism.
2. Courses in public opinion and propa­

ganda, editorial policy and problems.
3. Advanced courses in the College of 

Liberal Arts to include recent United States 
History, special readings in United States 
History, advanced and contemporary Euro­



291

pean History with special readings, economics, 
political science, philosophy and psychology, 
English literature.

When demand for research study and speciali­
zation occurs, the following additional advanced 
courses for graduate students are recommended: 
News and Editorial Seminar Courses, News-Desk 
Methods, Copy-Desk Methods, Advanced Editorial 
Writing, Advertising-Desk Methods, Research in 
Advertising.

The chief objective of such graduate study is 
scholarship in nature of affording an opportunity 
to learn to apply for journalistic use the usual 
academic fields taught by a Liberal Arts College, 
with additional graduate study in the journalism 
fields of public opinion and propaganda and edi­
torial policy and problems.

In no case should more than one half of the 
required work (normally 32 hours) for the the 
degree of Master of Arts in Journalism be per­
mitted in the field of journalism, including credit 
given for research in journalism.”

Mr. Hogsett: Q. Dean, let me stop you
there before you pass to the rest of that exhibit: 
Is the Department outlined in that exhibit sub­
stantially identical with your Department of Jour­
nalism at the University of Missouri? A. It is.

Q. Have you at our request and as a part of 
this same exhibit made an estimate of the cost or 
budget of expenditures necessary for the establish­
ment of this department? A. I have.



292

Q. You may now proceed with that,—which 
is the remainder of this exhibit. A. (Reading) 
“ Estimate of budget for establishment of depart­
ment of Journalism, including graduate instruc­
tion, at Lincoln University.

Salaries:

1 Professor (Chairman of Depart­
ment in charge of graduate and
instruction) ......................................$ 2,800.00

1 Associate Professor ............................  2,600.00
1 Assistant Professor ..................... „ ....  2,400.00
1 Instructor .............................................. 2,000.00
2 Student or Graduate Assistants as

needed ..................................    600.00

$10,400.00”

The Witness: I should like to say that esti­
mate is purely a personal estimate, made without 
any knowledge whatsoever of the salary scale at 
Lincoln University.

Mr. Hogsett: Proceed with the rest of the
cost.

The Witness: (Reading) “ Laboratories.

(News Room, Copy Reading, and Advertising)

20 typewriters (4 for instructors) .......... $1,200.00
20 typewriters desks ...................„ ...........  110.00
30 chairs ..................................................  165.00

6 filing cases ........................................... 139.00
1 City Editor’s desk ...............................  28.00



293

1 Copy Reading desk (specially built)_ 150.00
1 Advertising laboratory table ........... 28.00

Miscellaneous equipment and supplies.... 150.00

$1,970.00”

Mr. Hogsett: Q. For laboratory equipment f
A. Alone.

Q. Go ahead.
The Witness: (Reading and ad libbing)

“ Offices: 5 desks, $140; 19 chairs, $55; 5 filing 
cases, $150; incidentals (supplies, etc.) $150; a 
total of $495. Library: books (first year, includ­
ing advertising and other fields) $1200; subscrip­
tions” —meaning by that, periodicals, newspapers 
and material of that sort,—“ $450; book cases” — 
those are built to fit the space, and not stock,— 
$400; newspapers files and periodical racks, $250; 
4 tables, $120; 1 desk, $27.50; 15 chairs, $82.50; 
index and card files, $200; other materials, $200; 
total; $2,930.00; a grand total of $15,795.00.

“ The foregoing is an estimate or budget that 
is based on essentials of equipment and personnel 
for establishment and operation of the schools for 
one academic year. Changes in the salary scale, 
additional equipment found necessary, etc., may 
well necessitate revision, probably upward. Since 
much of the cost of equipment for establishment 
is for permanent equipment, cost in subsequent 
years should be lower, despite the fact that within 
each annual budget must be included funds to add 
to library and reference material in conformance 
with current needs. The cost of establishment and



294

operation of the department, in my opinion, should 
not exceed $35,000.00 for the first biennium.” — 
That ends it.

Mr. Hogsett: Q. Now, Dean Martin, have
you at our request prepared an outline for a 
department or course of graduate instruction in 
Journalism at Lincoln University in Jefferson 
City, equal in all respects with the course of gradu­
ate instruction available at the University of Mis­
souri? A. Yes, sir.

Q. Will you produce that outline?
(Note: Witness produced a typewritten doc­

ument, which was by the reporter marked as Re­
spondent’s Exhibit No. 36.)

Mr. Hogsett: Respondent offers in evidence 
Exhibit No. 36, and I will ask the witness to read 
it to the Court.

The Witness: (Reading, and commenting)
“ Outline for Program of Graduate Study in Jour­
nalism at Lincoln University, Jefferson City, Mis­
souri. Note: No standards for graduate work in 
journalism have been adopted by the National 
Counsel on Professional Education for Journal­
ism,” —that is the title of the National Council, 
not the one that has been stated throughout the 
trial,—“ since standards for major work in jour­
nalism, as in all academic or professional fields,



295

are those set up by graduate schools or depart­
ments or the individual institutions in which gradu­
ate work is offered. The only reference to gradu­
ate work in the standards of the National Council 
is as follows:

‘ Those responsible for instruction in up­
per division or graduate courses shall have 
had, in addition, sufficient advanced academic 
or professional training to equip them to teach 
such courses on the same level of competency 
as exists in other disciplines.’

“ It is recommended: (1) That in the estab­
lishment of graduate courses in journalism, official 
authorization be granted for awarding the degree 
of M. A., with a major in journalism.”  — My 
thought about that is it must be officially taken 
by the Board,—I am not sure.

(Beading) “ (2) That a special committee 
of the faculty, or such committee on graduate 
study as may already be in existence, be named 
to designate courses of graduate level for which 
credit shall be given for students accepted as can­
didates for the degree of M. A., with a major in 
journalism.

“ (3) That such courses shall be in the main 
in these fields:

1. Advanced (non technical) courses in 
journalism.

2. Social Science.
“ (4) That such graduate work should be es­

tablished primarily for the purpose of research 
and advanced study, with a view of providing op­



296

portunity for specialization in definite phases of 
journalism, not with a view of continuation of 
practice in or study of techniques already covered 
in undergraduate courses.—Admission:” —I may 
say that the admission requirements are practi­
cally the same as in the former exhibit.

Mr. Hogsett: With the consent of everybody, 
I suggest that you do not duplicate the reading of 
that part of this exhibit.

The Witness: “ Graduate Professional Jour­
nalism Courses” —and the same is true there.

Mr. Hogsett: Yes, that is verbatim the same, 
—pass that.

(Note: Said portions of Exhibit No. 36, of­
fered and admitted in evidence as aforesaid, but 
not read at this time by the witness, are as fol­
lows, towit:)

ADMISSION

The number of students admitted should be 
strictly limited. Formal applications for admis­
sion to graduate work should be approved only if 
the candidates meet the following requirements:

a. Superior undergraduate scholastic rec­
ord.

b. Ability to do satisfactory research.
c. Evidence of a definite interest in 

some phase or problem of journalism, in which



297

research study will result in contribution of 
knowledge of value in this particular field 
and, in addition, fit the candidate for more 
successful practice.

d. Minimum of 24 hours credit in basic, 
undergraduate, professional courses in jour­
nalism.

Programs of study graduate work in jour­
nalism should provide almost entirely opportunity 
for the study of broad newspaper policies, and 
problems, study of public opinion and research, in­
vestigations of current trends and past experi­
ences. Such study should not include techniques 
found in the normal undergraduate courses and 
laboratories, but, in the main, is accomplished by 
exhaustive references to newspaper files, books, 
and all other literature of journalism, supplement­
ed by correspondence and interviews with publish­
ers and editors.

GRADUATE PROFESSIONAL JOURNALISM 
COURSES

It is recommended that the following profes­
sional and academic courses be made available to 
students accepted for graduate work:

1. Research in journalism.
2. Courses in public opinion and propa­

ganda, editorial policy and problems.
3. Advanced courses in the College of 

Liberal Arts to include recent United States 
History, special readings in United States



298

History, advanced and contemporary Euro­
pean history with special readings, economics, 
political science, philosophy and psychology, 
English literature.

When demand for research study and speciali­
zation occurs, the following additional advanced 
courses for graduate, students are recommended: 
News and Editorial Seminar Courses, News-Desk 
Methods, Copy Desk Methods, Advanced Editorial 
waiting, Advertising Desk Methods, Research in 
Advertising.

The chief objective o f such graduate study is 
scholarship in the nature of affording an oppor­
tunity to learn to apply for journalistic use the 
usual academic fields taught by a Liberal Arts 
College, with additional graduate study in the 
journalism fields of public opinion and propaganda 
and editorial policy and problems.

In no case should more than one half of the 
required work (normally 32 hours) for the degree 
of Master of Arts in Journalism be permitted in 
the field of journalism, including credit given for 
research in journalism.

The Witness: (Reading) “ Faculty Person­
nel for Graduate Instruction Only.”

Mr. Hogsett: That is different,—you had 
better read that.

The Witness: (Reading) 1. Professor of
Journalism (Chairman of Graduate Department of 
Journalism) ..........................................—  $2,800.00”



2 9 9

The Witness: In this copy it says “ 2”  assis­
tant professors,— the “ 1”  and “ 2”  I think had 
reference to one assistant professor and not two, 
—I was using the “ 1”  and “ 2”  for paragraphs.

Mr. Hogsett: May I suggest that the same 
correction may require— 7

The Witness: (Using pencil and reading)

“ 1 Assistant Professor of Jour­
nalism (if demand and number
of students require)  .............. $ 2,400.00

Total ......................  $ 5,200.00
“ Note: The duties of these instructors shall 

be:
a. To offer necessary advanced courses in 

journalism.
b. To act as adviser of all students en­

rolled for M. A. degree with major in 
journalism.

c. To approve programs of study.
d. To act as chairman of faculty commit­

tees, to give examinations, and ap­
prove dissertations of individual stu­
dents.”

Mr. Hogsett: Q. May I stop you there. 
Does the course of graduate instruction described 
in that exhibit,—is that substantially identical with 
the graduate instruction available in the University 
of Missouri? A. Everything except the person­
nel.



300

Q. You mean, you have more men over there? 
A. We have more men, and no members of our 
faeulty who do nothing but give graduate work.

Q. The standard of training described, and 
the quality of instruction,—is that substantially 
identical! A. It is.

Q. Very good. Go ahead, with the cost of 
such a course. A. I think if you will compare the 
library, you will find it is exactly the same as the 
other part.

Mr. Hogsett: You may pass that.

(Note: The section of said Exhibit No. 36, of­
fered and received in evidence, as aforesaid, but 
omitted by the witness in reading, is as follows:)

LIBRARY

Books (first year, including ad­
vertising and other fields)........... $1,200.00

Subscriptions ........................................ 450.00
Book cases (specially built) ............... 400.00
Newspaper files and periodical racks 250.00
4 tables ................................................. 120.00
1 desk ...................................................  27.50
15 chairs .............................................. 82.00
Index and card files..............................  200.00
Other materials ....................................  200.00

Total ............................  $2,930.00



301

The Witness: (Reading)

“ OFFICE AND LABORATORY 
EQUIPMENT

2 desks ....................................... .......  $ 78.00
6 chairs ................................................  33.00
3 filing cases.......................................... 103.00
4 typewriters ........................................ 240.00
2 tables.................................................  60.00
Miscellaneous supplies and equipment 100.00

$ 614.00

Mr. Hogsett: Q. Making a total cost of 
graduate instruction of how much? A. $8,744.00.

Q. Does that represent the cost for one year? 
A. Yes.

Q. Now are the estimates of the cost in each 
of those exhibits, in your opinion, ample to cover 
the cost of the instruction described in the exhibits 
respectively? A. I should say “ yes” .

Q. At the request of the Lincoln Board of 
Curators, or one or more of its members, did you 
inquire in the field of Journalism among the pro­
fessors, for competent professors for that depart­
ment? A. I did.

Q. Tell what you did in that connection, us­
ing any telegrams or letters or other data you may 
have in that connection. A. What I did was the 
result of a request by attorneys for the University



302

and at the request of at least one member of the 
Board of Lineoln University, asking me if I would 
find out whether teachers were available, and I 
said I would if I had the permission of the admin­
istration of the University. I inquired of the ad­
ministration and was given that permission. I 
think I sent six telegrams.

Q. Have you copies of those, or a copy of 
them! A. I don’t believe I have them here. I 
believe you have them.

Q. No,—or have I,—no, I have not. You had 
those when I last talked with you about it. Will 
you look through your papers? I don’t want your 
mere estimate of it but the actual documents. You 
kept those, I am sure. A. (After searching) I 
am sorry, but I don’t have them.

Q. Could they be at your office? A. They 
might be. Just a moment,—beg your pardon. 
(Producing a paper)

Q. I thought you had. You are now cleared 
and acquited of the implication of having lost them. 
Will you go ahead and read the wires that you 
sent out to these six people, and the replies that 
you got? Will you, first, hand me the copy of the 
telegram you sent these six institutions?

(Note: Witness produced a paper which was 
bv the reporter marked as Respondent’s Exhibit 
No. 37.)

Mr. Hogsett: I offer in evidence Exhibit No.
37.

Mr. Houston: That is all right.



303

Mr. Hogsett: (Reading Exhibit No. 37)

“ December 22, 1939.
Grant M. Hyde, Director 
School of Journalism 
University of Wisconsin 
Madison, Wisconsin.

Do you know of any Negro journalism gradu­
ate, M. A. preferred, you can recommend as com­
petent to direct graduate study in journalism Linc­
oln University, Jefferson City. Man wanted im­
mediately. Good pay. Thanks.

Frank L. Martin
Also sent to Dr. Ralph D. Casey, Department of 

Journalism, U. of Minnesota.
Lawrence Murphy, School of Journalism, U. of 

Illinois.
Kenneth E. Olson, Medill School of Journal­

ism, Northwestern.
F. L. Mott, School of Journalism, U. of Iowa.
Wesley H. Mauer, School of Journalism, U. of 

Michigan.
Gayle W. Walker, School of Journalism, U. of 

Nebraska.”

Q. That means you sent out seven telegrams. 
What replies did you receive to those wires? Take 
them one at a time. A. I think I have them all 
here,—I am not sure.

Q. Well, take them in any order in which you 
happen to have them. A. The first is from 
Champaign, Illinois.



304

Q. May I have it?
(Note: Witness produced telegram, on regu­

lar Western Union printed form, which was marked 
as Respondent’s Exhibit No. 38.)

Mr. Hogsett: I offer that,—this Exhibit No.
38. (Reading)

“ AAJ91 17 Collect—Champaign 111 23 1141 A
1939 Dec 23 PM 12 14

Frank L. Martin 
ANS DT
Have no name of suitable Negro graduate. 

Our men have only limited experience and batehe- 
lors degree

Murphy”

Mr. Hogsett: Who is, I assume, Dean Law­
rence Murphy, University of Illinois? A. Correct. 

Q. And the next one?
(Note: Witness produced telegram on WU 

form, which was marked as Respondent’s Exhibit 
No. 39.)

Mr. Hogsett: I offer in evidence Exhibit 39, 
whcih reads:

“ AAJ188 21 Nt—Minneapolis Minn 23
1939 Dec 23 PM 3 33



305

Dean Frank L Martin

School of Journalism University of Missouri 
Can’t recommend man but for general teaching 

Lincoln University can highly recommend Thelma 
Thurston Minnesota journalism graduate four 
years Kansas City Call

Ralph D Casey.”

Mr. Hogsett: May I ask—
Mr. Houston: She is working for Miss Blu-

ford.
Mr. Houston: Q. That would be Dean

.Ralph Casey, Department of Journalism, Univers­
ity of Minnesota? A. Correct.

Q. What is the next?

(Note: Witness produced telegram on Postal 
Telegraph form, which was by the reporter marked 
as Respondent’s Exhibit No. 40.)

Mr. Hogsett: I offer in evidence Exhibit No. 
40. (Reading)

“ 25A QJ 82 Lincoln Nebr 521 P Jan 2 1940
Frank L Martin

School of Journalism Columbia Mo 
I recommend Lewis Swingler managing editor 

of the Memphis World 390y2 Beal Street Memphis 
Tennessee Swingler was graduated with certifi­
cate in Journalism in 1939 Reporter Omaha Guide



306

co-founder and editor of Memphis Journal now 
merged with the World Is editor of the Sphinx 
Magazine official organ of Alpha Phi Alpha Cur­
rently in charge of work in Journalism of Elmoyne 
college Creditable academic record here at the 
university Shall I write or wire details to Lincoln 
University? Happy New Year to you.

Gayle C Walker”

Mr. Hogsett: Who, I assume, is Dean of the 
School of Journalism at the University of Nebras­
ka.

(Note: The witness now produced another
telegram, on WU blank, which was by the reporter 
marked as Exhibit No. 41, for Respondent. Same 
was then read to the Court by Mr. Hogsett, being 
as follows:)

“ AAJ94 62 DL Collect—Ann Arbor Mich 26 2 09 P
1939 Dec 26 PM 3 24

Dean Frank L Martin—
Journal University of Mo 
Recommend for Lincoln University position 

Constant Charles DeJoie MA 1938. Address 126 
South Prieur Street, New Orleans. Experience on 
his father’s newspaper for Negroes. Good person- 
tality. Quiet dignity. Good background. Able. 
Also Arthur Randall, Jr. AB 1934, Address 297 
Medbury ave., Detroit. Experience on Negro



307

newspaper in South. Pleasing personality. Ag­
gressive. Good writer. Good background in social 
sciences with Journalism. Seasons Greetings.

Wessley H. Maurer
Dept of Journalism University of Mich.

Mr. Hogsett: (Closing reading) Signed by
Wesley H. Maurer, Director of Journalism, Uni­
versity of Michigan.

The AVitness: AÂ esley Maurer is Professor 
of Journalism, not “ Director.”  (Producing an­
other paper, typewritten.) The first part of that 
letter is confidential, on entirely another matter. 
I have no objection to it being in the record. 
(Handing sheets of paper to Mr. Hogsett.).

Mr. Hogsett: Q. Is this part of one let­
ter or parts of two letters! A. No, parts of one 
letter.

Q. You mean this other is on some personal 
matter! A. It is personal, but I have no objec­
tion to it being in.

Mr. Houston: We are not interested in 
personal correspondence.

Mr. Hogsett: I will let the reporter mark the 
second sheet.

(Note: Same was marked as Respondent’s 
Exhibit No. 42.

Mr. Hogsett: Q. Will you read Exhibit 
No. 42, which we now offer in evidence. A. This



308

is from Dean Kenneth E. Olson, Medill School of 
Journalism, Northwestern University. This is a 
postscript to the letter just mentioned. (Reading)

“ Mr. John Sengstacke, editor of the Chicago De­
fender, has just called in regard to the Lincoln Uni­
versity job prospects.

“ He thinks that T. James Fleming, whom I 
recommended in my previous letter, would be the 
best bet. He tells me that Fleming after some years 
at Norfolk worked on the Afro-American at Balti­
more for some time and is now editor of a frater­
nity publication at Philadelphia. Sengstacke be­
lieves that Fleming taught journalism for a time at 
Wilberforce College. I t ’s a curious coincidence 
that he should recommend Fleming. (1504 Cather­
ine Street, Philadelphia.).

“ Another possibility he suggests is William 
Gibson, now on the staff of the Afro-American at 
Baltimore (628 Utah Street). Sangestacke thinks 
Gibson may have a Master’s degree. Gibson, he 
says, has had some ten years of newspaper ex­
perience.

“ Still another possibility is Bernard Young 
now on the Journal and Guide at Norfolk, Va. 
Young is a graduate of Ohio State School of Jour­
nalism. Sengstacke does not know whether or not 
this man has a Master’s degree. He says that 
Master’s degrees are few and far between among 
Negro newspaper men.”



309

Mr. Hogsett: Q. Any other responses? A. 
That is all.

Q. Did you submit all this information to 
President Scruggs of Lincoln University? A. At 
his request, I did—although I am not sure that he 
received every name.

Q. At the request of the Lincoln University 
Board, did you meet with the Board and Presi­
dent Scruggs in consultation as to the procedure 
and the requirements for setting up the courses re­
ferred to? A. I did.

Q. And did you submit to them, at their re­
quest, an outline, in writing? A. One outline; yes, 
sir.

Q. I think that has been identified heretofore. 
May I have that exhibit? (Receiving same.) I 
show you what has been marked Exhibit LL and 
ask you if that is a duplicate of the outline which 
you submitted on that occasion, and prepared at 
their request? A. Yes, sir.

Mr. Hogsett: This not having been offered in 
evidence, I now offer it in evidence. I will not 
bother to have the witness read it as this time.

(Note: Said Exhibit LL is in words and 
figures as follows, to-wit:)

OUTLINE FOR JOURNALISM INSTRUCTION 
AT LINCOLN UNIVERSITY, JEFFERSON 
CTY, MISSOURI.



310

ORGANIZATION

It is recommended that a separate academic 
unit within the College of Liberal Arts, with a de­
partment chairman or director in charge, to be 
known as the Department of Journalism, shall be 
established.

ADMISSION

In addition to a 4-year high school course, it 
is recommended that all applicants for admission 
to the Department shall have completed two years 
of college work in Lincoln University, or another 
university or college of equal rank (6'0 semester 
hours exclusive of military science and physical 
training). Credits presented for admission should 
include:
10 hours of one modern foreign language.
5 hours of physical or biological science.
5 hours of American Government.
5 hours of General Economics.
3 hours of either Mathematics or Logic (unless on 

entrance 3 units of high school mathematics are 
presented.

6 hours of courses in English Literature (this 
must be in addition to the 6 hours of Composi­
tion and Rhetoric required of all freshmen.
Although not required for entrance, courses in 

General Psychology and General Sociology are 
urgently advised.



311

FACULTY

The Faculty, it is recommended, shall consist 
of (minimum):

1 Professor (or Associate Professor).
1 Assistant Professor.
1 Assistant Professor.
Such other instructors or assistants as number 

of students enrolled and demand for professional 
courses of instruction may make necessary.

It is recommended that all teachers of profes­
sorial rank giving technical instruction have a mini­
mum of five years of practical newspaper or other 
journalistic experience, in addition to an academic 
degree.

GRADUATION REQUIREMENTS

It is recommended that 60 semester hours of 
credit following admission to the Department of 
Journalism be required for graduation as follows: 
30 hours of professional journalism courses.
20 hours of upper division courses in the College of 

Liberal Arts.
10 hours of electives (not more than 5 hours of 

electives may be taken in professional journal­
ism courses).
The following basis courses in Journalism 

should be organized:
History and Principles of Journal­

ism .................................................  5 hours credit
News (or News Writing) one

semester ........................................ 3 hours credit



312

Reporting (two semesters) ............... 6 hours credit
Copy Reading (or Editing) two

semesters ...................................... 6 hours credit
Principles of Advertising (one
semester) ...................................... 3 hours credit

Editorial Writing and Public Opin­
ion (one semester) ......................  3 hours credit

Feature Writing (one semester)....... 3 hours credit
Press Photography (one semester).... 1 hours credit

30 hours credit
In addition, the following may be planned to he 

given as the demand arises:
Law of the Press (one semester).....  2 hours credit
The Rural Newspaper (including 

editing, publishing, production,
management) one semester.......  3 hours credit

Typography (one semester) ............. 2 hours credit
Advance Advertising, including re­

tail, writing, layout, problems 
(2 semesters) ..............................  6 hours credit

13 hours credit

In addition to the 30 hours of professional journ­
alism courses in the minimum of 20 hours of liberal 
arts courses, students shall be required to select 
for study subjects in the following fields: History, 
economics, government and politics, sociology, phil­
osophy, literature and English composition, natural 
science, and psychology.

Electives should be chosen from the same 
fields.



313

DEGREE

It is recommended that with the successful 
completion of four years of work, not fewer than 
120 semester hours, which includes a program of 
study as outlined, candidates for graduation be 
awarded the degree of Bachelor of Arts and that 
this degree be so designated as to indicate that 
graduates have completed a major in professional 
journalism subjects. Scholastic attainment shall be 
required equal to that required for all candidates 
for the Bachelor of Arts degree.

ENROLLMENT

It is recommended that only a limited number 
of “ special”  students be enrolled. At least four 
fifths of the students admitted should be candidates 
for a degree and meet all requirements of such 
candidates. Only students with a scholastic rating 
of M (medium) or better should be accepted for 
admission.

LIBRARY

Adequate library facilities for students major­
ing in journalism shall be available. These facili­
ties should include contemporary and historical 
files (as far as possible) of newspapers and peri­
odicals and books and treatises dealing with the 
various fields of journalism.



314

LABORATORIES 

News and Editorial:
Laboratory space with such equipment (desks, 

typewriters, files, reference volumes, editors’ and 
copy reading tables, etc.,) should be available for 
use in connection with instruction in the technique 
of journalism with a view of familiarizing students 
with the production methods of the various forms 
of journalism under study.
Student newspaper:

It is recommended that a student newspaper 
(if available) be used for laboratory purposes with 
journalism department instructors as directors or 
supervisors. In the event no student newspaper 
now exists, it is recommended that one be estab­
lished.

GRADUATE INSTRUCTION

Graduate work should be established primarily 
for the purpose of research and advanced study, 
with a view of providing opportunity for speciali­
zation in definite phases of journalism not with 
a view of continuation of practice in or study of 
techniques already covered in undergraduate 
courses.
Admission:

The number of students admitted should be 
strictly limited. Formal applications for admission 
to graduate work should be approved only if the 
candidates meet the following requirements:



315

a. Superior undergraduate scholastic 
record.

b. Ability to do satisfactory research.
c. Evidence of a definite interest in some 

phase or problem of journalism, in which re­
search study will result in contribution of 
knowledge of value in this particular field and, 
in addition, fit the candidate for more success­
ful practice.

Programs of study for graduate work in jour­
nalism should provide almost entirely opportunity 
for the study of broad newspaper policies, and 
pioblems, study of public opinion and research, in­
vestigations of current trends and past experi­
ences. Such study should not include techniques 
found in the normal undergraduate courses and 
laboratories, but, in the main, is accomplished by 
exhaustive references to newspaper files, books, 
and all other literature of journalism, supplement­
ed by correspondence and interviews with publish­
ers and editors. For such study no school news­
paper laboratory is necessary or desirable. It is 
recommended that a curriculum for graduate study 
in journalism be arranged in accordance with the 
following:

\  . '

1. Research in journalism.
2. Courses in public opinion and propa­

ganda, editorial policy and problems.
3. Advanced courses in the College of 

Liberal Arts to include recent United States 
History, special readings in United States His­
tory, advanced and temporary European His-



316

tory with special readings, economics, political 
science, philosophy and psychology, English 
literature.

The chief objective of such graduate study is 
scholarship in nature affording an opportunity to 
learn to apply for journalistic use the usual aca­
demic fields taught by a Liberal Arts college, with 
additional graduate study in the journalism fields 
of public opinion and propaganda and editorial 
policy and problems.

In no case should more than one half of the 
required work (normally 32 hours) for the degree 
of Master of Arts in Journalism be permitted in 
the field of journalism, including credit given for 
research in journalism.

ESTIMATE OF BUDGET FOR ESTABLISH­
MENT OF DEPARTMENT OF JOURNALISM 

AT LINCOLN UNIVERSITY 
SALARIES

1 Professor (or associate professor ....$2,400.00
1 Assistant Professor .............................  2,100.00
1 Assistant Professor .............................  2,100.00

Total .................................. $6,600.00

LABORATORIES 

(News Room and Copy Reading)

15 typewriters (3 for instructors) .......  $900.00
12 typewriter desks ..................................  66.00
24' chairs ...................................................  • 132.00



317

2 filing cases ............................................  69.20
1 City Editor’s desk ........................... — 27.90
1 Copy Reading Desk (specially

built) ..................... .............................  150.00
Miscellaneous equipment and

supplies ......................................-........ 150.00

Total .............................. $1,505.10

OFFICES

3 desks ..........................................................$ 83.70
6 chairs ........................................................  33.00
3 filing cases ................................................ 103.00
Incidentals (supplies, etc.) .........................  150.00

Total ................... $370.00

LIBRARY

Books (first year) ..................................$ 750.00
Subscriptions .........................................  350.00
Book cases (specially built) .................. 250.00
Newspaper files and periodicals racks.. 250.00
3 tables _____ —.......................................  90.00
1 desk .........................................-............  27.50
15 chairs ....................................... -.......... 82.50
Index and card files ............................. 200.00
Other materials ............................ -.......... 100.00

$2,100.00
Grand Total ........................ $10,575.00



318

The foregoing includes bare essentials only, 
with provision of funds for salaries and continuing 
purchases of library matter for one academic year. 
The cost estimate for laboratory and other ma­
terial is based on an enrollment of twelve students; 
majors in journalism who will use laboratories for 
the first year. In several instances, the figures 
shown are solely estimates.

My opinion is that $15,000.00 (minimum) 
should be appropriated for the first year and if 
funds are available $20,000.00 should be set aside 
for the purpose to meet emergency needs, buy more 
complete equipment, and provide for expansion 
if necessary.

Mr. Hogsett: Q. Dean Martin, if the mon­
ey appropriated in the 1939 appropriation act 
for Lincoln University was appropriated and 
available on July 7th, 1939, in your opinion could 
that full course of graduate and undergraduate in­
struction have been established and ready for op­
eration in Lincoln University by the opening of 
the September semester, beginning about the mid­
dle of September, 1939?

Mr. Houston: I object. It takes not only
money to run a school.

Mr. Hogsett: It is an opinion matter.
Mr. Houston: No, no. He could answer 

whether there was money enough, but it depends 
also on plant facilities. That is opinion, and im­
proper.



319

Mr. Hogsett: How does anybody know, ex­
cept an expert? Here is a man who knows. I 
think the record ought to show this appropriation 
bill was approved by Governor Stark on July 7th, 
as appears from the record, and this school didn’t 
open until September,—we will say, 15th. The 
question is whether or not, in his opinion, this 
job could have been done within that time.

Mr. Houston: May I say that the question 
goes back to the matter of availability of men and 
plant and everything else, unless he is going to 
testify what he knows about plant and that he fol­
lowed through to find out whether these men were 
available and if they could leave their posts, or 
even wanted to teach. The question is too broad. 
If the question was reduced to the proposition: 
was there money enough to set up the School of 
Journalism, or Department of Journalism, at Lin­
coln University, provided the teachers were avail­
able and there was an available plant, I have no 
objection to the question.

Mr. Hogsett: I prefer to ask it just as I 
asked it.

Mr. Houston: Then I must object to the ques­
tion as improper,—no basis having been laid.

Mr. Hogsett: I don’t know what that last 
means.

Mr. Houston: No basis has been laid as to 
any attempt to get men. You might have a hun­
dred thousand dollars and not be able to get the 
men. There is no basis laid as to any investiga­
tion about the physical plant availability. You 
have laid no knowledge on his part as to whether, 
in fact, there is any physical plant available.



320

Mr. Hogsett: That is not the point. He has 
described the plant required. It is for him to say 
whether, in his opinion, it could have been done 
within the time. This attempt to establish that it 
is a great, superhuman, problem is fallacious, and 
this testimony will expose that fallacy. It has 
been mentioned in the. trial here that it is some­
thing terrific,—and it isn’t. This man knows it 
isn’t.

Mr. Houston: I think the whole basis is a 
mistake. Dean Martin, as an expert, has set up 
the requirements for the Department at Lincoln 
University. We offered no objection to that. 
That is the function of the expert. Dean Martin’s 
secretary could write the letters to find whether 
the men were available, or the business manager 
could go out and find whether a plant was avail­
able. That does not require expert knowledge. 
The question is, not what were the requirements 
but could it have been, in fact, set up. No predi­
cate has been set up for him to testify, and the 
whole record of the institution and Board shows 
that there is no plant or teacher available.

Mr. Hogsett: I will turn the argument right 
around against him. He has said there were no 
teachers available,—can’t a witness contradict 
that?

Mr. Houston: By available,—I am going to 
show that they are not even qualified, so far as 
teaching this young lady is concerned,—but can 
they bring them from their jobs to Lincoln Uni­
versity? That is pure speculation on his part. 
How does he know whether they can be gotten or 
not?



321

The Court: Let us see the question is.
(Note: Question read, as follows: “ Dean 

Martin, if the money appropriated in the 1939 
appropriation act for Lincoln University was ap­
propriated and available on July 7th, 1939, in your 
opinion could that full course of graduate and un­
dergraduate instruction have been established and 
ready for operation in Lincoln University by the 
opening of the September semester, beginning 
about the middle of September, 1939?” )

Mr. Hogsett: Q. You may assume that
the appropriation for new departments, of $200,000 
in the 1939 appropriation act, was available July 
7th, 1939. State whether, in your opinion, that 
course of instruction which you have described, 
both graduate and undergraduate, could have been 
established and ready for operation by the opening 
of the September semester, beginning about the 
middle of September, 1939?

Mr. Houston: For the reasons stated,—that 
there is no predicate laid,—I will assume, for the 
purpose of this argument, that the wdiole $200,000 
is available,—not one cent has been spent and 
every cent in the Lincoln treasury, of the $200,000, 
I still say on the record no predicate has been 
laid as to entitle him to answer that question. It 
is highly hypothetical. The question starts off 
“ i f ” . He has performed his function as an ex­
pert by laying down the requirements for the de­
partment. After the expert of the University 
faculty has laid down the requirements, they turn 
it over to the executive clerk to go out and go 
through the routine of setting up this department.



322

That is not this gentleman’s position. The Board 
or President would do the actual executive work 
of corresponding with persons whom they wanted 
to be on their faculty. The business manager 
would go out and see whether physical facilities 
are available for the department. The dean is an 
educational officer. This is not his function. The 
question is improper and not predicated—

Mr. Hogsett: He was called upon—
Mr. Houston: That is exactly true. Dean

Martin was called by Lincoln University to give 
his advice, as an expert in his field. After Dean 
Martin’s inquiries as to available men were made, 
what he did with these inquiries and replies was 
to turn them over to Lincoln University to con­
tact the men, to see if they were available. I take 
it that after he talked about how much money was 
required he turned that over to Lincoln Univer­
sity, to see that the thing was carried out. As 
with any consulting expert, the job ended when 
the consultation ended, and he does not know and 
has not followed through.

The Court: I will let him give his opinion.
To which ruling of the Court the relator, by 

her counsel, then and there at the time duly ex­
cepted and saved her exceptions.

The Witness: In my opinion, it is entirely
possible.

Mr. Hogsett: Q. You heard Miss Blu-
ford ’s testimony, as having graduated from the 
University of Kansas with an excellent scholastic 
record in Journalism in 1932? A. Yes, sir.

Q. Did you hear her further testimony that



323

she had been working on the Atlanta paper in the 
fall of 1932, became connected with the Kansas 
City Call, a newspaper with 23,000 circulation, has 
for the last four years been the managing editor, 
—no, since 1937 has been the managing editor of 
that paper and in charge of it? Now, I will ask 
you whether or not, in your opinion, a person who 
has had her undergraduate training in Journalism 
and has had some seven years of newspaper ex­
perience, with several years of it in running a 
newspaper,—whether such a person can really gain 
anything by a graduate course in Journalism,— 
going back to school days in either your school 
or any other school. A. I don’t think she could 
gain very much in the way of technical instruction. 
I mean by that that we have never had a case of 
a managing editor coming back to school to fit 
one’s self to become a better managing editor 
through what they would learn of the technical 
part of Journalism. I think we do have a good 
many practitioners in the field of Journalism who 
look for additional education, but that is really in 
the field of Liberal Arts. If I may be permitted 
this in explanation: a trust fund was left to Har­
vard University, I believe three or four years ago, 
with the idea, primarily, of giving, generally, 
graduate work in some form of aid to professional 
journalism workers and after very careful consi­
deration these scholarships were set up and I be­
lieve about twenty or thirty go back each year. 
They are managing editors, city editors, writers,— 
but all take purely social science work and no 
technical training. That I offer, in explanation 
of my reply.



324

Q. Have you ever, in your experience, known 
or heard of a managing editor of seven years or 
eight years—

Mr. Houston: Two years.
Mr. Hogsett: Well, of a managing editor of 

a newspaper, with seven years of experience in 
newspaper work, returning to any institution for 
graduate instruction in Journalism?

A. I don’t know of any,—I am not saying 
it isn’t true.

Q. As Dean of this School of Journalism,— 
if Miss Bluford, or any other person of her train­
ing and experience, had returned to you for advice 
on whether she could gain anything by graduate 
■work in Journalism, would you have given her any 
advice on the subject,—would you have advised 
her to leave her job, leave the place she had 
reached in the field of Journalism, and return to 
the classroom for graduate instruction?

Mr. Houston: May I suggest that Mr. Hogs­
ett is testifying, instead of asking questions?

Mr. Hogsett: That wras a question.
The Court: I will let him answer.
To which ruling of the Court the relator, by 

her counsel, then and there at the time duly ex­
cepted and saved her exceptions.

The Witness: Not if she was asking for 
more technical training; but if she desired general 
education, I would say yes.

Q. You mean by that, that philosophy, or 
subjects of general cultural value,—is that what 
you mean? A. That is what I mean.

Q. A  good deal was said in the course of Miss 
Bluford’s direct examination about the great value



325

that she would get if she were admitted to your 
school and given the opportunity to work on the 
Columbia Missourian. As a practical man, can 
you imagine any gain that the managing editor 
of a paper of 23,000 circulation would get by leav­
ing that practical job, with a salary attached, and 
going to work on a college newspaper?

Mr. Houston: That is not a “ college news­
paper” .

Mr. Hogsett: You have been asserting 
throughout the trial that it was.

Mr. Houston: I say “ city newspaper” .
The Court: Well, I will sustain the objec­

tion.
Mr. Hogsett: Q. You know what the

Columbia Missourian is, don’t you? A. I think 
so.

Q. Would this young lady, in your opinion, 
gain anything whatever in leaving her position and 
salary as managing editor of a paper having a
23,000 circulation and coming back to work on the 
Columbia Missourian? A. She would not be re­
quired to do so, and probably she would not have 
been given the opportunity to work on the Colum­
bia Missourian.

Q. Why do you say that? A. Because 
graduate students are not required to work on 
the paper.

Q. Then all this talk about the great value 
she would get by work on the Missourian—

Mr. Houston: We object to that.
The Court: Objection sustained.



326

Cross Examination of Frank L. Martin 
by Mr. Houston

Q. Dean Martin, you have testified that in 
setting up these various plans you were attempting 
to set up a Department at Lincoln, on paper, 
which was as good as the Department at the Uni- 

- versity of Missouri School of Journalism? A. I 
don’t know what you mean by “ good.”

Q. Which would offer as good graduate train­
ing as could be obtained by the relator at the Uni­
versity of Missouri School of Journalism? A. 
That was the aim; yes, sir.

Q. That would include, of course, so far as it 
might be required for their training, plant, faculty, 
library and all physical equipment,—is that true? 
A. Are you talking about “ graduate”  or “ under­
graduate” ?

Q. “ Graduate.”  A. I don’t believe I speci­
fied anything as to a plant in graduate work. It 
was “ equipment.”

Q. Well, put it “ physical equipment.”  Your 
plan purported to include in the set-up physical 
equipment and library and faculty, just as good as 
at the University School of Journalism? A. For 
graduate work; yes, sir.

Q. Now that being so, I want to turn to the 
question of the salaries you recommended. I first 
ask you whether the plan that you submitted for 
Lincoln University, now marked Relator’s Exhibit 
LL, was formulated by you before or after the out­
line that you made at the request of counsel for 
Mr. Canada? A. Before.



327

Q. I ask you to look at the salary schedule, 
the proposed salaries that are suggested in the 
plan that you submitted to Lincoln University and 
compare them with the salaries of the plan sub­
mitted to Mr. Canada—are they the same? A. 
They are not.

Q. For the purpose of the record, I read 
salaries as proposed in the plan submitted to 
Lincoln University: One professor, $2,400; one as­
sistant professor, $2,100; one assistant professor, 
$2,100; total for salaries, $6,600. In the plan pre­
pared for Mr. Canada, the same being Respondent’s 
Exhibit No. 35, the salary schedule is one professor, 
—chairman of the department, $2,800;—one asso­
ciate professor, $2,600; one assistant professor, 
$2,400; one instructor, $2,400; and two student or 
graduate assistants, as needed, $600; total, $10,400.

Calling your attention simply to the profes­
sor’s salary, which was $2,400 in the plan sub­
mitted to Lincoln University; and calling your at­
tention to the salary of the associate professor, 
which was $2,600 in the plan prepared for Mr. 
Hogsett,—I ask you why did you increase that 
salary scale? A. I understood after my consulta­
tion with Lincoln University that there had been 
an advance in the salary scale of that institution.

Q. Do you know anything about the salaries 
that Negroes are getting on the best Negro news­
papers? A. I haven’t the slightest idea.

Q. The salary schedule is just a wild guess on 
your part, so far as the salaries and earnings of 
the men mentioned and referred to? A. I do not 
agree that it is a “ guess,”  but it is an expression 
of opinion on my part.



328

Q. It is an expression of opinion, which is 
based on no knowledge whatever of the present 
earnings, of Negroes, in the field of Journalism— 
is that true? A. I have no facts on the case—I 
can’t produce anything.

Mr. Houston: The question was— (to report­
er)—will you read the question?

(Note: Question read: It is an expression of 
opinion, which is based on no knowledge whatever, 
of the present earnings, of Negroes, in the field of 
journalism—is that true?)

A. No definite knowledge.
Mr. Houston: Q. What knowledge do you 

have? A. A  general knowledge.
Q. What is that general knowledge? A. I 

can’t answer that—I possess a certain general 
knowledge.

Q. As an expert, you can’t tell us? A. I 
can’t tell you what the salary scales on Negro news­
papers are.

Q. What are the salary scales in the Uni­
versity of Missouri School of Journalism? A. I 
can’t tell you that.

Q. What do you get? A. $6,500.
Q. What does Mr. Ellard get? A. I would 

have to consult the record to be sure, but I can 
tell you what I think he gets.

Q. Your best recollection? A. $4,500.
Q. And his rank? A. Professor.
Q. Do you have any associate professor get­

ting as little as $2,600? A. I can’t tell you.
Q. Do you make up a budget for the School 

of Journalism? A. It is on paper, but I don’t 
retain it.



329

Q. Would you produce it? Could you produce 
it this morning, by a telephone call? A. I think 
it would have to be produced from the business 
office of the University.

Q. Don’t you keep a copy of it? A. Yes, we 
do.

Q. Could you produce a copy, by telephone 
call? A. I think so.

Mr. Houston: Will the Court ask that the 
witness produce a copy of the budget of the School 
of Journalism of the University of Missouri, in­
asmuch as he has prepared a temporary budget 
without any knowledge whatsoever of the field of 
earnings of Negroes on newspapers, which I want 
to know—

The Court: I guess he will produce it.
Mr. Hogsett: Yes, there is no use of all this 

talk—he has agreed to do it.
The Court: It is all set out in the Blue Book, 

isn’t it?
The Witness: There is nothing private about 

it.
Mr. Houston: I didn’t know whether you 

had a break-down as to each individual salary, or 
not.

Mr. Hulen: It is all in the book.
Mr. Houston: Then we don’t need to worry.

Q. Did you fix the salaries in the proposed 
schedule at Lincoln University the same as those 
at the University of Missouri? A. No.

Q. Are they lower, or higher? A. They are 
lower. I would so imagine, without having the 
other scales. I paid no attention to the University



330

of Missouri salaries, at all.
Q. On what basis did you assume that Lincoln 

University could buy just as competent instruction 
at Lincoln University at a lower amount than the 
University of Missouri could buy? A. On the 
basis of their salary scale.

Q. Did you, nevertheless, go into the question 
as to whether the men at Lincoln University were 
equal to the men at the University of Missouri? 
A. No. I took the salary scale.

Q. Without any knowledge of the individuals 
earning the salaries? A. I don’t know them.

Q. In 1911, you and Dean Williams published 
a book on the practice of Journalism, —is that 
right? A. I don’t recall the date, but there is a 
book “ The Practice of Journalism.”

Q. I want to read you some statements 
therefrom and ask you if you agree with those 
statements today. (Reading) “ Journalism has be­
come a profession in which special aptitude, equip­
ment, experience and training are increasingly 
necessary.”  A. I didn’t write that.

Q. Well, you were a co-author of the book, 
were you not—do you approve those statements? 
A. Yes, they were good then and I think they are 
good now.

Q. (Reading) “ The news is the first es­
sential to the production of a newspaper. The 
right presentation of the news is the very essence 
of good journalism.”  Do you subscribe to that, 
sir? A. Well, conditions may effect that some- 
Avhat, but, on the whole, yes.

Q. (Reading) “ Eternal vigilance is the price



331

of a good newspaper.”  Do you subscribe to that! 
A. Yes.

Q. The catalogue says that “ The School of 
Journalism of the Lniversity of Missouri exists 
to serve the newspapers of the state,” —do you 
subscribe to that, sir? A. Yes, sir.

Q. Does that include Negro newspapers, as 
well as white newspapers? A. It does, if they re­
quest any service.

Q. Has the school, as a matter of fact, ever 
extended any aid to Negro newspapers? A. I 
can’t say—perhaps it has.

Q. You are Professor of the Theory and Prac­
tice of Journalism, are you not? A. Yes, sir.

Q. Does the Practice of Journalism include 
the Negro press, in your estimation, or in your 
study? A. The practice of journalism includes 
every phase that you could undertake, if it is 
“ journalism,” —whether it is the Negro press or 
the press of a foreign country, or whatever it is.

Q. It is all your field? A. Nobody has been 
able to interpret what Journalism means, but any­
thing that can be interpreted as “ Journalism”  
comes under our field.

Q. Well, your general subject is the Theory 
and Practice of Journalism, which includes the field 
of general newspapers—the general press? A. 
Yes, sir.

Q. How much study have you made of the 
Negro newspapers? A. Individually, I never have 
made any study.

Q. Do you mean that? A. Any research on 
my own part. I have read studies made by others.



332

Q. Studies of Negro papers made by others? 
A. Yes, sir.

Q. You are familiar, are you not, with some 
of the difficulties that Negro journalists have in 
obtaining positions on the white daily newspapers, 
are you not? A. I don’t know anything about 
that.

Q. Do you know whether there are many 
Negro journalists on the white newspapers. A. I 
don’t know of any.

Q. Then, so far as the actual practice of 
Journalism is concerned, Negro journalists, in sub­
stance, are more or less barred from a wide ex­
perience on daily papers? A. I presume that is 
true, but I have no knowledge of that.

Q. What daily papers, in general, would you 
say—would you say the metropolitan daily papers 
set the standards of modern contemporary journal­
ism in the United States. A. Not necessarily.

Q. What does? A. All the papers—rural 
papers, metropolitan papers, news magazines.

Q. Do you know any Negro reporters who 
are workers on any white newspapers which are not 
metropolitan but country papers ? A. I don’t 
know any Negro newspaper people at all.

Q. And you don’t know the extent or the 
scope of the experience of Negroes on Negro news­
papers? A. I do not.

Q. When you made the answer that you would 
advise Miss Bluford that she could not gain any­
thing in technical journalism by coming back to 
school for graduate work—on what do you base 
your answer? A. On the assumption that the ex­



333

perience of producing a newspaper over that period 
would afford her all the practice and all the prin­
ciples of practice in getting out a newspaper and 
writing for the newspaper that we could afford her 
here in technical training.

Q. Your answer on that, —is that regardless 
of whether it was a colored newspaper or country- 
weekly or Y.M.C.A. newspaper, or what? A. I 
was assuming that the newspaper on which she 
worked was a good newspaper.

Q. Is it customary among white journalists, 
or do they try to get a wide field and variety of 
experience on several newspapers—so that a man 
will start on one newspaper and fifteen years later 
he might have served on three or four newspapers, 
and would have gotten a broad experience in that 
field? A. I don’t think that is true, but quite 
often it happens that promotion will take one from 
one paper to another—but my guess is that the 
many will remain on one newspaper and be pro­
moted on that newspaper. I don’t believe it is the 
practice to try to get experience on different news­
papers.

Q. At any rate, your reply to Mr. Hogsett 
was based upon an assumption, without any knowl­
edge of Miss Bluford’s actual experience. A. No, 

upon the fact that she had had that experience 
upon that type and size newspaper and the char­
acter of the paper.

Q. Let me turn back a little—what do the pro­
fessors at Lincoln University get? A. I don’t 
know.

Q. When did you prepare that memorandum



334

which you prepared for Mr. Hogsett? A. Thurs­
day of this week.

Q. Thursday of this week? A. Yes, sir.
Q. Day before yesterday? A. Day before 

yesterday.
Q. And you prepared it on the basis of the 

salary schedule at Lincoln. A. No, I said I raised 
it on the information that I had that there had been 
an advance in the scale there.

Q. How much was the advance, and where? 
A. I don’t know. They said they had increased 
it.

Q. You adopted an arbitrary figure of your 
own? A. I did, on my opinion as to what it would 
take to get the teachers.

Q. On what basis was that? A. On what we 
can get beginning teachers here for.

Q. And at what can you get beginning teach­
ers of professorial rank at the University of Mis­
souri? A. I don’t know that there is a case where 
we have brought in a new teacher of professorial 
rank,—I mean, full professor.

Q. What is the amount that you could bring 
in an associate professor for, into the School of 
Journalism, University of Missouri? A. It de­
pends on the man and his experience, and the salary 
he is now getting in the industry.

Q. Give us some examples. A. You mean, 
definite examples and the names?

Q. I don’t know whether you should give 
names—I just want examples. A. Recently, we 
brought in as an assistant professor—



335

Q. Was that “ assistant”  or “ associate” ? 
A. I will use “ assistant”  first—he has had five 
years of experience in rural journalism,—for $2400.

Q. And the associate professor? A. I can 
only give you what I can remember. This may not 
be definite, hut I think we have gotten associate 
professors for $2800 of $3000. I don’t know that 
we have brought men in as associate professors, hut 
they have been paid at least as low as $2800 or 
$3000.

Q. Now I would like for you to take this 
bulletin of the University of Missouri School of 
Journalism, Announcement for 1940-41. Calling 
your attention to page 8, listing the faculty, I want 
to check with you as to the degrees and experience 
that your faculty has had. The first name there 
is what, sir? (Handing bulletin to witness.) A. 
Frederick A. Middlebush.

Q. He is not on the Faculty of Journalism— 
Mr. Ellard, isn’t it? A. Well, he is under the 
name of the Faculty of Journalism.

Q. I mean just the teaching staff, Mr. Ellard? 
A. Yes, sir.

Q. Check me, please, if I am wrong. Roscoe 
Ellard, B. J. ’17, A. B. ’17, A. M. ’30. Reporting, 
rewrite and staff correspondence in Chicago, Mil­
waukee, and Beloit, Wisconsin, 1919-25; part time 
teaching, Beloit College, Beloit, Wisconsin, 1919-25; 
head, School of Journalism, Washington and Lee 
University, Lexington, Virginia, 1925-30; correspon­
dent, Associated Press, Baltimore Sun, Christian 
Science Monitor, 1925 to ’30; professor of Journal­
ism, University of Missouri, 1930.—Is that fairly



336

accurate? A. As far as I know. I don’t know 
where it came from.

Q. From the Missouri Alumni in Journalism. 
A. I imagine he wrote it, himself, for the direc­
tory.

Q. Well, you imagine that he told the truth?
Mr. Hogsett: He said it was, no doubt, true.
Mr. Houston: Q. And the next one, sir? A. 

James Edward Herald.
Q. B. J. 1928, which means, I take it, granted 

by the University of Missouri, B. J. 1928; A. B. 
West Texas State Teachers College; A. M. ’32; 
Warwick Printing Company and Canyon, Texas, 
News, 1924-27; United Press, Denver, June to De­
cember, 1928; editor Canyon, Texas, News, 1928-29; 
copy desk, St. Louis Star-Times, during sabbatical 
year, 1936-37.—So far as you know, is that a fairly 
accurate account of Mr. Gerald’s experience? A. 
It is; yes, sir.

Q. And the next one, sir? A. Emery Ken­
nedy Johnston.

Q. B. J. ’22, A. M. ’28; instructor in business 
administration, University of Wisconsin, 1922-24; 
assistant professor of advertising, University of 
Missouri, 1924-31; assistant professor of advertis­
ing, Louisiana State University, on leave, 1928-29; 
assistant professor of advertising, Northwestern 
University, summer of 1929; associate professor of 
advertising, University of Missouri, 1931. Is that 
fairly accurate? A. So far as I know.

Q. Next one? A. Eugene Webster Sharp. 
May I interrupt you?

Q. Yes. A. I f those come from the Alumni



337

Directory, I am willing to admit their correctness.
Mr. Houston: May we have time by stipulating

we will prepare a list of the qualifications of the 
faculty out there, with their degrees and experi­
ence?

Mr. Hogsett: That is entirely acceptable to
me. Whatever the witness checks and approves 
will be treated as if you had examined him at 
length on the subject.

(Reporter's Note: “ The Faculty of Journal­
ism”  as set out in “ The University of Missouri 
Bulletin—Announcement 1940-41”  (page 8) is as 
follows:)

THE FACULTY OF JOURNALISM

Officers of Instruction and Administration
Frederick Arnold Middlebush, A. B., A. M., Ph. 

D., LLD., President of the University, Professor of 
Political Science and Public Law.

Frank Lee Martin, A. B., Dean of the Faculty 
of Journalism, Professor of Theory and Practice 
of Journalism.

S. Woodson Canada, A. B., Secretary of the 
Faculty.

The Professional Staff.
Roscoe Brabazon Ellard, A. B., B. J., A. M., 

Professor of Journalism.
James Edward Gerald, A. B., B. J., A. M., As­

sociate Professor of Journalism, Field Representa­
tive, Missouri Press Association.



338

Emery Kennedy Johnston, B. J., A. M., As­
sociate Professor of Advertising.

Thomas Cecil Morelock, B. J., A. M., Associate 
Professor of Journalism.

Eugene Webster Sharp, A. B., B. J., A. M., As­
sociate Professor of Journalism.

Vaughan Bryant, B. J., Assistant Professor of 
Journalism.

Frances Dabney Grinstead, B. J., A. M., As­
sistant Professor of Journalism.

Donald Hugh Jones, B. J., A. M., Assistant 
Professor of Advertising.

Lester Edwin Finley, B. J., Instructor in 
Journalism.

William Finley Swindler, A. B., B. J., A. M., 
Instructor in Journalism.

Edith May Mar ken, B. J., A. M., Secretary of 
the School of Journalism.

Julia Elizabeth Sampson, B. M., Librarian, 
School of Journalism.

Earl LeRoy McPeak, In charge of Journalism 
Photo-Engraving and Photographic Laboratories.

Louis Harris Edmondson, B. J., Graduate As­
sistant in Journalism.

Ben Wertheimer Goldberg, B. S. S., M. A., 
Graduate Assistant in Journalism.

Milton Eugene Gross, B. J., Graduate As­
sistant in Advertising.

Arthur Henry Rolph Fairchild, A. B., A. M., 
Ph. D., (By invitation) Professor of English.

Jay William Hudson, A. B., A. M., Ph. D., (By 
invitation). Professor of Philosophy.



339

Frank Fletcher Stephens, Ph. B., Ph. M., Ph. 
D., (By invitation). Dean of Underclassmen in the 
College of Arts and Science, Professor of History.

Jacob Warshaw, A. B., A. M., Ph. D., (By in­
vitation). Professor of Romance Languages.

(Reporter’s Note: The following data are 
found in the The University of Missouri Bulletin, 
Vol. 39, No. 12, “ Missouri Alumni in Journalism,”  
concerning all members of “ the professional staff”  
whose names are listed above and which appear 
also in said Bulletin, to-wit:)

Ellard, Roscoe: B. J. ’17, A. B. ’17, A. M. ’30; 
Sigma Delta Chi, Kappa Tau Alpha; married, Oct. 
3, 1917, to Yedah Fry; daughters, Harriette Vir­
ginia and Elizabeth Jeanette; officer U. S. regular 
army (cavalry), 1917-1919; reporting, rewrite, and 
staff correspondent in Chicago, Milwaukee, and 
Beloit, Wis., 1919-25; part time teaching, Beloit 
College, Beloit, Wsi., 1919-25; head School of Journ­
alism, Washington & Lee Univ., Lexington, Va., 
1925-30; correspondent, Associated Press, Balti­
more (Md.) Sun, Christian Science Monitor, 1925- 
30; Professor of Journalism, University of Mis­
souri, 1930— ; acting dean, March to September, 
1938; publications: articles and editorial writing in 
Social Science Year Book and in Editor & Pub­
lisher and other magazines. Address: 507 Stewart 
Road, Columbia, Mo.

Gerald, J. Edward: B. J., ’28; A. B. (West 
Texas State Teachers College) A. M., ’32; Sigma



340

Delta Chi, Kappa Tau Alpha, newspaper associa­
tion manager; married, June 7, 1930, to Opal Dut­
ton; son, James Edward III ; Warwick Printing 
Company and Canyon (Tex.) News, 1924-27; United 
Press, Denver office, June-December, 1928; Editor, 
Canyon (Tex.) News, 1928-29; Instructor in Jour­
nalism, University of Missouri, 1929-31; Assistant 
Professor, 1931-35; Associate Professor, 1935— ; 
copy desk, St. Louis Star-Times during sabbatical 
leave, 1936-37; field representative, Missouri Press 
Association, 1937—. Publications: magazine articles 
on journalistic practice in the trade press; articles 
on journalism of South America in Journalism 
Quarterly; University of Missouri bulletin on legal 
advertising in Missouri; address: 205 Thilly Ave­
nue, Columbia, Mo.

Johnston, Emery Kennedy: B. J. ’22; A. M. 
’28; Kappa Tau Alpha, Kappa Delta Sigma, (Na­
tional President), (1924-28); Instructor in busi­
ness administration, University of Wisconsin, 1922- 
24; Assistant Professor of Advertising, University 
of Missouri, 1924-31; Assistant Professor of Ad­
vertising, Louisiana State University, on leave, 
1928-29; Assistant Professor of Advertising, North­
western University, summer of 1929; Associate Pro­
fessor of Advertising, University of Missouri, 1931. 
—Publications: “ Advertising Campaigns”  book; 
and magazine articles. Address, 200 Neff Hall, 
Columbia, Missouri.

Morelock, Thomas C. B. J. ’22, A. M. ’27; 
Kappa Tau Alpha, Sigma Delta Chi; married May 
18, 1918, to Nellie Mae Davis; sons, Thomas Cecil, 
Jr., and Charles Robert; A. E. F. 1918-19; Uni­
versity Publisher, University of Missouri, 1921-22;



3 4 1

Editor and Publisher, Green City Press, February- 
June, 1922; reporter, copy reader and column con­
ductor, respectively, Quincy (111.) Daily Herald, 
1922-24; Instructor, School of Journalism, Uni­
versity of Missouri, 1924-27; Assistant Professor, 
1927-29; Associate Professor, 1929— ; acting as­
sociate dean, School of Journalism, University of 
Missouri, 1931-34. Publications: “ School News­
paper Production,”  testbook in high school journal­
ism. Address: East Walnut, Columbia, Missouri.

Sharp, Eugene W. B. J. ’23, A. M. ’26; (Prince­
ton Univ.) ’21; associate member of Sigma Delta 
Chi and Kappa Tau Alpha; married, Dec. 22, 1923, 
to Florence Russell; children, Eleanor and Charles; 
reporter, Oklahoma City Times, 1922-23; news edi­
tor, McAlester (Okla.) News-Capital, 1923-24; In­
structor, School of Journalism, University of Mis­
souri, 1924-27; Assistant Professor, same, 1927-30; 
reporter, Gazette-Telegraph, Colorado Springs, 
Colo., 1930; reporter, Kansas City Times, 1930-31; 
Associate Professor, School of Journalism, Uni­
versity of Missouri, 1931—. Publications: “ Inter­
national News Communications,”  “ The Censorship 
and Press Laws of Sixty Countries,”  article in Edi­
tor and Publisher. Address: 27 West Parkway 
Drive, Columbia, Missouri.

Grinstead, Frances: B. J. ’22, A. M. ’28; Theta 
Sigma Phi, Kappa Tau Alpha; city editor, Mexico 
(Mo.) Intelligencer, 1921-22; editor of women’s 
page, Spartanburg (S. C.) Journal, 1922-23; in­
structor in School of Journalism, University of 
Missouri, 1927-30; assistant professor of Journal­
ism, 1931— ; Atlantic Monthly Scholarship to Bread



342

Loaf School of English, Middlebury, Vt., 1935. 
Publications: articles in various magazines, short 
stories in young people’s magazines, series on 
Alaska in New York Sun travel department, news­
paper articles, holiday features, “ Giving News to 
Newspapers,’ ’ pamphlet. Address: Box 291, Col­
umbia, Mo.

Jones, Donald H. B. J. ’25, A. M. ’27; Kappa 
Tau Alpha, Alpha Delta Sigma; display advertising 
representative, Dallas (Tex.) News-Journal, 1926- 
28; assistant professor of Advertising, University 
of Missouri, 1928-29; Chilton Advertising Agency, 
Dallas, Tex., 1929-30; Driggers-Foust-Jones Adver­
tising Agency, Dallas, 1930; publishers representa­
tive, Texas Daily Press League, Inc., 1930-36; Port 
Oil and Gas Co., Corpus Christi, Tex., 1936, na­
tional advertising manager, Corpus Christi Caller 
Times, 1937, assistant professor of advertising, 
University of Missouri, 1937—. Address: Fred­
erick Apts., Columbia, Missouri.

Finley, Lester E .: B. J. ’30, associate editor, 
Shelby County Herald, Shelbyville, Missouri, 1930- 
37; instructor in Journalism, University of Mis­
souri, 1931 —. Address: 119 Walter Williams Hall, 
Columbia, Mo.

Swindler, William F., A .M. ’36; B. S. in 
Journalism (Washington University) ’35; associate 
member, Sigma Delta Chi; reporter, St. Louis Star- 
Times, 1933 — ; editorial writer, same, 1936-38; 
book reviewer, St. Louis Post-Dispatch, 1938; in­
structor in Journalism, University of Missouri, 
1938— . Address: 14 Kuhlman Court, Columbia, 
Mo.



343

Edmonson, Louis Harris, B. J. ’36; copy read­
er, Des Moines, (la.) Tribune, April, 1938; as­
sistant director of publicity, St. Louis Chamber of 
Commerce, 1936-37; director of publicity, same*, 
April-Sept. 1937; instructor in journalism and 
speech, El Dorado (Ark.) High School, 1937—. Ad­
dress : Eatonton, Ga.

Mr. Houston: Q. Do you think that the 
estimate you prepared for the Lincoln University 
Board of Curators of twenty-six and twenty-eight 
hundred dollars would obtain a faculty of just as 
good individuals as your faculty of the University 
of Missouri, of comparable academic work? A. 
In my opinion, yes.

Q. On what do you base your opinion? A. 
These men that we have on our faculty began on 
a much smaller salary than they are receiving now, 
and we assume they were just as good teachers at 
that time as now, but the years of service have in­
creased their salary.

Q. Now, Dean, you don’t mean to say a teach­
er is as good when he begins as he is after ten 
years experience? A. I can’t answer that ques­
tion, but I assume they were valuable as teachers 
when we brought them in.

Q. You don’t mean to put into the record that 
these teachers have not improved as a result of 
their academic experience and research over the 
years? A. Well, we assume they do that, but I 
have not knowledge that they do in all cases.



344

Q. What you were producing for Lincoln 
University was a good beginning faculty? A. 
The only way you could get a faculty would he to 
start a faculty.

Q. I mean a good beginning faculty—of per­
sons who had had no teaching experience? A. 
That would be true of our institution and true of 
that institution.

Q. To make my question specific: when you 
were building up a faculty for Lincoln University, 
you made allowances for no previous academic 
teaching? A. That is true.

Q. In spite of the fact that you as Professor 
of Theory and Practice of Journalism in the Uni­
versity of Missouri have been teaching now for 
thirty-two years? A. Yes, sir.

Q. You didn’t consider at all, in making your 
outline for Lincoln University, the possibility of 
taking a teacher from other schools, did you? A. 
Yes, I did. I made no recommendation for that, 
though.

Q. And your outline does not mention that? 
A. No.

Q. So, in that respect, your outline is incom­
plete? A. An available teacher may come from 
any place.

Q. Did that outline there consider the pos­
sibility of taking for Lincoln University, and ob­
taining some teachers from a school which is a 
member of the American Association of Schools 
and Departments of Journalism? A. It was not 
contemplated, and neither is it now, that we could 
get those teachers for that salary. In the Uni­
versity of Missouri, we have never taken a teacher



from another institution. We have taken them 
from industry or the profession and brought them 
in as teachers.

Q. You consider your faculty in the School 
of Journalism a seasoned faculty, in the sense of 
academic experience? A. Y es—they must be, af­
ter so many years of experience.

Q. And do you rate a seasoned faculty, of 
academic experience, above a similar faculty but 
without similar experience? A. That depends 
on—

Q. Well, let me put it this way: the same in­
dividuals on the faculty, in the year “ 1,”  they 
have no academic experience, in the year “ 11”  they 
have been teaching ten years. Do you rate the 
academic faculty with that ten years experience 
over the faculty as organized in the beginning? A. 
I am willing to admit that, except in the case of 
individuals who would not keep up with the pro­
fession and who would not be as good as when they 
began.

Q. In your plan for Lincoln University, they 
offered their students—Lincoln University—in the 
sense of academic experience, a raw, inexperienced 
faculty, as compared with the experienced teach­
ers of Missouri University? A. Not at all. There 
was nothing said about their qualifications what­
ever. They could get them from the other teach­
ing institutions or from the profession—that was 
up to the institution.

Q. Is your salary scale based on the rate of 
pay that is common among schools and depart­
ments which are members of the American Associa­



346

tion of Schools and Departments of Journalism, or 
below that? A. I made no reference to that at all, 
and I don’t know what the scale is. I haven’t the 
slightest knowledge what the teachers in other in­
stitutions who are members of the Association get.

Q. You have been President of the Associa­
tion? A. Yes, sir.

Q. You have been Chairman of a Committee 
on improving the Standards, and a member of the 
standing committee on the Journalism Quarterly, 
and, as a matter of fact, you have taken a leading 
and active part in Association affairs? A. Not 
any more than some others have.

Q. But you have had a leading part? A. 
Yes, sir.

Q. Let’s name the schools to which you went 
for recommendations, as to the idea that you could 
get graduates from there who were competent to 
teach graduate work in Journalism in Lincoln Uni­
versity: Iowa, Northwestern, Michigan, Minne­
sota, Illinois and Nebraska. Inasmuch as the men 
recommended to you were graduates of those 
schools, did you take into consideration, or did you 
know the salary scales of the associate and assis­
tant and full professors of those schools when you 
made your outline? A. I did not.

Q. Then I go back and ask you as an expert 
upon what did you base your computations? A. 
Well, I should imagine that the answer to that 
would be this: That I based it upon my own ex­
perience in employing teachers for the University 
of Missouri. Tt is difficult for me to toll you defi­
nitely on what my opinion is based, but it all repre­
sents my own opinion of the salary scale.



347

(Note: And now a short recess was declared. 
After recess, all in places as before, the following 
proceedings were had, to-wit:)

Mr. Houston: Q. Dean Martin, in the 
Missouri Alumni Director we note that when men 
on the faculty of the School of Journalism go off on 
sabbatical leave, quite frequently they go off to 
newspapers and actually serve on newspapers 
while on such leave. For instance, you went to the 
Japan Advertiser in Tokio? A. That is true.

Q. Was the purpose to confer a benefit on the 
paper or on the professor on leave, or both? A. 
The purpose of permitting them to take a leave of 
absence is for them to get back into the active pro­
fession, to keep up with the current trends and de­
velopments in the profession.

Q. Most of your men had had previous actual 
experience? A. Not all of them.

Q. You had six years on the Missouri—not the 
Missouri but the Kansas City Star? A. Yes, sir.

Q. And you went to Tokio to get the modern 
trends? A. Not in that particular case, no.

Q. Well, there is another gentleman here, Mr. 
Gerald, who went on sabbatical leave and during 
that time he— A. He served on the Star-Times 
in St. Louis.

Q. le s ,—copy desk, 1936-37. The purpose of 
that was to get him back into the actual newspaper 
field so he could become cognizant of the modern 
trends? A. I agree to that. But there is a dis­
tinction between sabattical leave and leave of ab­
sence. In his case, I can’t recall which it was.



348

Q. Regardless of that, the purpose was to go 
back to the copy desk and get the benefit of actual 
contemporary journalism, is that right? A. That 
is true.

Q. And Mr. Gerald has been at the University 
of Missouri— A. Since 1928.

Q. Since 1928, and he went on sabbatical 
leave in ’36. Then you would say from the facts 
laid before you that a teacher of eight years ex­
perience could get some benefit from going back 
to the actual newspaper work? A. We assume so.

Q. Wouldn’t you be willing to say that an 
actual newspaper person would get some benefit 
from going back for graduate work since he works 
usually on one paper and steps up only by promo­
tions—so he could get a comprehensive view of 
the field? A. I can’t answer that question in the 
form in which you have put it.

Q. Answer it your own way, sir. A. I f the 
person is coming back to take graduate work, and 
when I say that I am not referring to profes­
sional technical work in Journalism—from a news­
paper position, I should say if they are going to 
take general work in the University, to add to their 
general education, yes but if they are coming back 
merely to get additional practical training, I don’t 
assume they would get any more advantage from 
that than in the actual work.

Q. In 1926, you introduced a graduate course 
in News Desk Methods, didn’t you? A. Yes, sir. 
The idea was to show the operation of a city edi­
tor’s desk on a newspaper.

Q. What graduates did you think would get



3 4 9

the benefit of that course if the graduate with Miss 
Bluford’s experience could not get it? A. The 
student who has finished his undergraduate work 
and has had no professional experience.

Q. That is really designed for students with 
no professional experience? A. Absolutely.

Q. Well, for students who had professional ex­
perience—  A. If such a student is not familiar 
with the operation of the city desk, he should take 
the course.

Q. A city editor’s desk, according to the 
highest standards of modern contemporary journal­
ism? A. The highest that we know; yes, sir.

Q. So it might be possible for a person coming 
out of a field which is limited or characterized bv 
certain restrictions to come back and get a broader 
experience from the practice of a city editor’s desk 
which is not limited—perhaps, if not for anything 
else, for the variety of matters which would come 
over a city desk? A. It is difficult to answer 
the question in the form in which it is put. I would 
like to have it read.

(Note: Question read by reporter, as re­
quested.)

The Witness: I have no knowledge of what 
you mean by “ limited.”

Mr. Houston: Q. I mean a newspaper 
where they don’t come in as intimate contact with 
the theater and arts, for instance, or policies of 
government or international relations, where they 
have no leased wire news service and there is no 
international correspondence, or anything like that? 
A. That would be undergraduate work in our in­
stitution—to learn that.



350

Q. All right. May I ask you—a student of the 
School of Journalism, who is a graduate student, 
may still be permitted to sit and observe, without 
credit, this course in Journalism, if the schedule 
would permit it? A. And if the major adviser 
thought it was necessary for that student to do it.

Q. But it would be possible, with the consent 
of the major adviser? A. Yes.

Q. So if Miss Bluford was registered in the 
graduate school, in Journalism, and had presented 
her problem—that she did not work with a leased 
wire or international correspondence service— and 
her graduate adviser agreed with her, it would 
be possible for her to sit in on these undergraduate 
courses if the schedule permitted. A. The gradu­
ate adviser would assume, with her degree from 
the University of Kansas, that she had learned 
the work at that institution.

Q. Well, is the graduate adviser supposed to 
assume things, or to consult with a student and 
then make up his mind after consultation? 
A. He consults with the student.

Q. I will rephrase my question to say after 
consultation with Miss Bluford and after being 
advised that she worked on a newspaper with no 
wire service and no international correspondence 
and did not have touch with music, theater, art, 
and so forth,—if after consultation the major ad­
viser should agree, Miss Bluford would have the 
opportunity of sitting in on such courses? A. If 
such courses related to her field, yes,—if in his 
opinion they did.

Q. I  hat would be subject to the opinion of



351

the major adviser? A. That is true.
Q. Likewise, from the standpoint of such 

things as make-up, dark room, and all the facilities 
of the School of Journalism, such facilities, at 
least so far as observation is concerned, are avail­
able to all students who are there? A. We don’t 
forbid them going into anything.

Q. The fare is there, if they wish to partake 
ot it? A. That is true.

Q. Would there be any such facilities avail­
able in the, outline you set up for Lincoln Uni- 
\ersity? A. That would depend upon how they 
set up this outline.

Q. At your conference? A. You should 
make it specific.

Q. le s , take photographic equipment. 
A. I have nothing there in the way of equipment 
for the teaching of a course in press photography. 
We teach a course in press photography without 
any equipment except, I think, a camera.

Q. Let s go into some of this: a complete 
photography laboratory,—what does that mean? 
A. It means a dark room, chemicals to develop, 
and a camera.

Q. Is it extensive equipment? A. Not with 
us.

Q. Is that provided for? A. Not specifi­
cally, no. It is provided for only in the course on 
press photography. We give one course, in that, 
m which the dark room is not used at all. It is 
not required.

Q. May I ask if the facilities are provided 
for, or possible, under modern standard prices and



352

costs, in the open market, within the scope and 
amount of your outline? A. I should say “ yes”  
when you include the last paragraph. I don’t 
seem to have it, but there is a paragraph (receiv­
ing a paper from Mr. Houston, then reading,)— 
“ The foregoing is an estimate or budget that is 
based on essentials of equipment and personnel 
for establishment and operation of the school for 
one academic year. Changes in the salary scale, 
additional equipment found necessary, etc., may 
well necessitate revision, probably upward.”  
In that final sentence, these revisions would not, 
I think make it exceed $35,000 to take care of 
that.

Q. The library of the University of Missouri 
School of Journalism has over five thousand 
volumes. A. I don’t know the number.

Q. You don’t know, as dean of the school, 
approximately how many volumes you have? 
A. It is my recollection that it is around 4,000; 
but it may be 5,000. The library is operated by 
the University Library, and not by the School of 
Journalism.

Q. But you are, nevertheless, the educational 
head of the Department of Journalism? A. Yes.

Q. And the educational work in Journalism 
is, to a considerable: extent dependent upon the 
journalism library, is it not? A. Well, to this 
extent,—that in the standards set up for the op­
eration of schools and departments that are mem­
bers of the American Association of Schools and 
Departments of Journalism they specify that there 
shall be library facilities.



353

Q. I ain talking specifically about the Uni­
versity of Missouri and asking you. Let us say 
that in the University of Missouri a large part 
of your work is dependent upon your library,— 
the library is an indispensable part of the work 
of the University of Missouri School of Jour­
nalism? A. I can agree with that.

Q. And your estimate is that you have only 
about four thousand volumues? A. I don’t want 
to make an estimate. There are probably five 
thousand. I don’t count books and don’t keep a 
record of them.

Q. You mean, as the head of the educational 
policy and director of the School of Journalism 
at the University of Missouri, you don’t feel it 
necessary to keep a general knowledge and ac­
quaintance with the library ? A. I didn’t say 
that. I do keep a general knowledge of it.

Q. Well, how many books have you? 
A. Four to five thousand, I would say, as an 
estimate.

Q. How many periodicals and newspapers? 
A. I can’t give you the number, but I should say, 
—I am sorry, I can’t give you that number. I 
order what we think essential, without any re­
gard to number.

Q. What do you order? A. Newspapers and 
periodicals.

Q. How many do you order? A. I can’t tell 
you, without the list.

Mr. Hogsett: If you regard that as essential, 
we can get you the exact list.

Mr. Houston: What I regard it isn’t at all



354

important. I regard it as good competent exami­
nation of his standing as an expert,—I am testing 
his qualifications.

Mr. Hogsett: Q. May I ask,—is that all 
bought through the library? A. Yes, sir.

Q. And not by you? A. Yes, sir.
Mr. Houston: Q. Don’t you have to

sign requisitions? A. No,—I sign some and we 
pay for them out of the Journalism Department 
funds.

Q. Does the library department make any 
report to you! A. They make no report unless 
we ask for the report, or, if there is any contro­
versy, about the purchase of any individual item.

Q. Where are the library books kept that we 
are talking about now,—the four or five thousand 
volumes? A. At Walter Williams Hall.

Q. Where is your office? A. Jay H. Neff 
Hall.

Q. And how far is it from your office in the 
Jay H. Neff Hall— . A. About a hundred feet.

Q. Are you ever over in the library? 
A. Five or six times a day.

Q. And you still can’t tell us approximately 
the number of newspapers and periodicals? 
A. I think I said between four and five thousand. 
Q. No,—newspapers and periodicals. A. Do
you want me to give you an estimate of the 
number ?

Q. Your best estimate as the Dean of the 
School of Journalism and the expert in charge of 
policy. A. Do you mean by titles?

Q. Oh, no,—gross, round numbers. A. We



355

receive different periodicals and newspapers every 
day,—monthly, weekly and daily.

Q. I am not talking about the incoming mail, 
but the periodicals. A. You are asking for the 
subscriptions?

Q. No. In order to help you, let us limit 
those to such as the Kansas City Star and Times, 
Harper’s Magazine, St. Louis Post-Dispatch, etc. 
A. I still have no way of estimating the number.

Q. What did you consider to be an adequate 
libraiy for the School of Journalism in Lincoln 
University? A. What I put in the estimate there.

Q. That is just gross. A. I didn’t break it 
down.

Q. Well, break it down now. A. That is a 
tremendous job,—I can’t do that now.

Q. How did you estimate the cost? A. By 
the number that might be required.

Q. How many volumes did you provide for 
in the School of Journalism, Lincoln University? 
A. I can’t tell you that. I estimated it on the 
basis of purchasing books,—fundamental in jour­
nalism,—that I thought necessary for that library.

Mr. Houston: Your Honor, I move, to strike 
the plans and estimates prepared by Dean Martin 
as based on absolutely no facts whatsoever and 
simply a conjecture.

The Court: Motion overruled.
Mr. Houston: Exception, please, sir.
To which ruling of the Court the relator, by 

her counsel, then and there at the time duly except­
ed and saved her exceptions.

Q. (By Mr. Houston) How many periodi­



356

cals did you provide for the Lincoln University 
School of Journalism. A. My answer to that is 
the same as to books.

Q. Did you submit this—I am assuming the 
good faith, of course, but did you really submit 
this as a working plan for Lincoln University, in 
view of the fact that you were simply using round 
figures, as your best efforts as an educational ex­
pert? A. It is submitted as an estimate, only.

Q. And that is what you want to stand on, 
before the public? A. It is; yes, sir.

Q. Now have you any foreign students in the 
School of Journalism? A. We have had. I pre­
sume we have now.

Q. I show you the transcript of Miss Bluford 
at the University of Kansas, and I think, just at 
a rough estimate, you will find that is about a 
B-plus average. (Showing same to witness) Now 
taking this step by step, a person just out of 
school, just graduating with an A. B. degree, with 
no practical newspaper experience, if white would 
be quite welcome as a graduate student at the Uni­
versity School of Journalism, with a transcript 
like that? A. Yes, sir.

Q. lo u  would call that high, or a good aver­
age for a Journalism student? A. That is a 
good average. We have many others with the 
same average.

Q. You probably have many better. I am 
not setting her up as an exceptional student, but 
asking the question whether you would welcome a 
white girl graduate with that same average? 
A. We would admit them,—we would not “ wel­
come”  them.



357

Q. You would just admit them! A. The 
reason for that is that we have a very large en­
rollment, and don’t “ welcome”  folks.

Q. But you would not keep her out? A. No.
Q. If I told, sir, that the minimum of pro­

fessional salary at Lincoln University is $3600, 
and that the salaries range upward from that point 
until the Dean gets $5,000, would you wish to 
revise your estimate of proposed salaries on the 
outline you made for organization of a School of 
Journalism at Lincoln University? A. I would 
revise it only if Lincoln University told me they 
were unable to get competent teachers for the 
amount of money specified here.

Q. Then your answer to Mr. Hogsett that 
a School of Journalism could have been established 
at Lincoln University by September 1st, 1939, 
was a pure speculation, wasn’t it?

Mr. Hogsett: We object to that as argument.
The Court: Objection overruled.
A. It was based on my opinion of what I 

could do in establishing a School of Journalism at 
Lincoln University.

Mr. Houston: Q. You said you had heard
that Lincoln University had raised the sal­
aries of professors,—did you inquire of Lincoln 
University how much the salaries had been raised? 
A. No.

Q. Did you inquire what they were paying 
the professors in the other departments? A. No.

Q. The University of Missouri School of 
Journalism has a very fine reputation? A. I ad­
mit that.



358

Q. One of the very best? A. I admit that, 
also; but many others may not.

Q. But, in your opinion, you admit it? A. I 
don’t think I am in any position to render an 
opinion.

Q. At least you are in no position to con­
tradict it. Necessarily, the outline you submitted 
was a recommendation which sums up everything 
that you stand for as Dean of the School of Jour­
nalism at the University of Missouri,—you recog­
nize that, do you not, sir. A. I do; yes, sir.

Q. I want to ask you if Lincoln University 
had been a white school if you would have sub­
mitted a memorandum on that sketchy and incom­
plete data? A. I can’t answer that question.

Mr. Houston: That is all.

Re-direct Examination of Frank L. Martin 
by Mr. Hogsett

Q. Dean, I want to touch one point in the 
cross examination, and that is the assumption by 
Mr. Houston that you had no information at all 
as to what colored people working on colored 
papers are paid. Did you hear Miss Bluford 
testify that she as managing editor is paid, by the 
Kansas City Call, $35 a week? A. I did.

Q. Which, for 52 weeks, is $1820 a year. Is 
that right. A. That is true.

Q. Now, in your set-up for Lincoln Univer- 
sity, you are dealing on a salary basis ranging 
from $2800 to $2600, $2400, and the lowest salary 
is for an instructor at $2000. Is that right? 
A. That is correct.



359

Q. So that in every instance in your set up 
you have used a salary in excess of the salary 
which Miss Bluford, as managing editor of three 
years experience is actually receiving? A. That 
is true.

Q. Do you know, as a general matter of in­
formation, what managing editors on white news­
papers receive,—the salary range? A. On some 
of the larger newspapers, yes.

Q. I don’t want an extreme case, but one, 
we will say, that might be said to be reasonably 
comparable to the Kansas City Call with its 23,000 
metropolitan circulation,—I believe she said it went 
over all the United States, also.

Mr. Houston: Southwest.
Mr. Hogsett: I think she put it differently,

but I will take your memory.
The Witness: Picking out a paper of

20,000 circulation,—I will say there are any 
number of them getting from 75 to 80 dollars a 
week.

Mr. Hogsett: Q. So you are in the 
larger scale of salaries set out in the outline for 
Lincoln University, using a purportedly higher 
level than the actual level of a managing editor’s 
salary on a colored paper as compared to a manag­
ing editor’s salary on a white paper, aren’t you? 
A. I am, sir; yes, sir.

Mr. Hogsett: That is all, sir.

Re-cross Examination of Frank L. Martin 
by Mr. Houston

Q. Dean Martin, you heard Miss Bluford 
say that she was getting $35 a week as managing



360

editor, with the present equipment and present 
size of the Call? A. I did, yes, sir.

Q. You heard her testfy as to some of the 
problems of the Call in meeting competition with 
white newspapers? A. I did, but I don’t recall 
what those problems are,—I am sorry.

Q. I am, too, sir. Do you recognize the fact 
that in the matter of advertising and circulation, 
from the very nature of things of Negro news­
paper must compete with the white newspaper on 
rather an uneven— . A. I am not an advertising 
expert, but I presume that has been true for the 
reason that until the development of Negro jour­
nalism reached a certain extent the advertising 
is going to the white newspapers; therefore, they 
had to build up their own clientele for their own 
newspapers.

Q. You recognize that Negroes buy standard 
goods, such as groceries, clothes, shoes, automo­
biles, as do white people? A. I assume that is 
so,—I have no knowledge of that.

Q. Looking around in the courtroom, at the 
Negroes who are in here, that would appear to be 
true? A. Yes, sir.

Q. You are familiar with the existence of na- 
tonal chains and know about circulation problems 
and advertising and news, and so forth,—you 
would assume, would you not, that one of the 
proper sources of income for any paper would be 
to reach out after national advertising? 
A. Quite so.

Q. And regardless of whether it was a Negro 
newspaper or a country weekly, the weekly paper



361

would be under a handicap in soliciting national 
advertising, as against the daily. A. I am not 
willing to agree to that because there are a large 
number of national advertisers who go into the 
weekly field and appropriate money for that field, 
with no reference to the daily field whatsoever.

Q. But, nevertheless, the weekly field and 
the daily field are, to a certain extent, in compe­
tition, so far as advertising, generally, is con­
cerned! A. All newspapers are in competition, 
—the weekly and the daily, the magazine with the 
newspaper and the radio. They are all competi­
tive agencies, of course.

Q. And you would also say that every citizen 
who is literate is a potential reader of a news­
papers, whether white or colored! A. That is 
true.

Q. You heard Miss Bluford’s testimony as to 
her difficulties as a managing editor! A. I re­
member she mentioned some, but I don’t recall 
what they were.

Q. They were due to her inexperience, and 
as a Negro managing editor she was not able to 
get experience and contact with the larger white 
dailies, and things like that. And she mentioned 
the fact that competition was increasing. Now 
you would not want to pass any opinion as to 
what her earning power would be, would you, if 
she was able to obtain the graduate training which 
she feels is necessary to increase her efficiency, in 
her field? A. I certainly would not,—no.

Mr. Houston: That is all.
(Witness excused.)



362

And now the witness I. C. TULL was recalled, 
testifying further as follows, towit:

Further Examination of I. C. Tull 
Recalled by Mr. Hogsett

Q. Mr. Tull, on yesterday afternoon you 
identified, and there were offered in evidence, the 
ledger sheets of Lincoln University showing the 
unexpended balances out of the 1939 appropria­
tions to Lincoln University, out of the General 
Revenue Funds,—do you recall that? A. Yes, I 
recall that.

Q. With that behind us, I want to go now into 
the status of the unexpended balances out of the 
appropriations for Lincoln University payable out 
of the Lincoln University Fund. Have you, this 
mornng, brought those sheets here? A. I have.

Q. The first item in the 1939 appropriation 
out of the Lincoln University Fund is for salaries 
of president, business manager, deans, professors, 
instructors, physician, librarian, secretary,—and 
so on,—$28,000, which is I take it in addition 
to the $270,000 appropriated for general purposes 
out of the General Revenue Fund,—that is right, 
is it not? A. Yes, sir,

Q. Now please identify the ledger sheet show­
ing the unexpended balance in this $28,000 appro­
priation.

(Note: The witness produced a ledger sheet 
which was marked by the reporter as Respondent’s 
Exhibit No. 43.)

Mr. Hogsett: I offer in evidence Exhibit 43.



GENERAL LEDGER 
L i n c o l n  U n i v e r s i t y

NAME O F A c cra  int  L incoln  U n iversity  Fond -  S a la ries  SHEET NO.

ACCOUNT NO__________________________________________

i W

D E B 1 T  8 c  n e D 1 T  8

AMOUNT TOTAL AMOUNT

1

z~
ADoroDriation 1939 -  19A0 

Feb. 8 R equ is ition
28,000.00 28,000.00

1 ,136 .38 1,136.38 2 6 , 8 6 3.6 2

V
7 ”

"  27 It 761.35 1,397.73 26,102.27
V
T K J t .  21 " 985.56 2,883.29 25,116.71
a

«
Apr. 20 " 894.13 3 ,7 7 7 .4 : 24 ,222.58

01

TT
Nay 20 It 1 ,385.90 5,163.32 22,836.63

Zl

c T
June 20 " 491.50 5,654.32

r i

sT
Ju ly  20 " 527.30 6,181.92 21,818.08

•i

I T
Au£. 20 If 857.13 7 ,039.05 20,960.95

81

« 7
Sept. 20 It 1 ,0 6 1 .1 6 8 ,1 0 : .81 1 ? ,? ?7 .?9

oz

7 7
O ct. 20 It 1 ,2 2 1 .1 0 9 ,324.21 1S,6 '’ 5.29

zz

sz
Nov. 1 " 316.70 9,640.93 18,359.09

n
a Nov. 22 It 1 ,4 4 9 .')0 11,090.61 16,909.39
K
7z

Dec. 22 n 947.95 12,038.56 15,961.44
t z

6Z

«

1940

IS

zs
Jan. 9 " 348.09 12,381.65 15,618.35

ss

n

ss

K

S '
K

K

or
77

Jan. 30 n

a

1 ,-6 7 .4 6 14,049.13 13,950.89

zr

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363

(Note: Mr. Hogsett narrated contents of 
same to the Court, the. whole of said Exhibit 43 
being as follows, towit:)

(See Photostat.)

Mr. Hogsett: Q. Have you the ledger 
sheet showing the present unexpended balance in 
the next item of $2,000, which, I take it, is in addi­
tion to the $20,000 payable out of the General Rev­
enue for the same purpose,—building equipment, 
operative equipment, water supplies and plumbing, 
and so forth? A. I have. (Producing ledger 
sheet.)

Mr. Hogsett: Let that be identified, please.
Q. There have been no payments out of that 

fund at all? A. No.
Q. There is no use in having that identified. 

The next item, of $25000, for general and special 
repairs, out of the Lincoln University Fund, in 
addition to the $20,000 from the General Revenue 
Fund,—that has not bee n reduced at all? A. No.

Q. That is intact? A. Yes, sir.
Mr. Hogsett: We are not offering that sheet. 

The remaining items of General Expense, includ­
ing a lot of details, of $16,000 out of the Lincoln 
Fund, which is in addition to the $100,000 out of 
the General Revenue Fund for the same purposes, 
—have you the. ledger sheet for that? A. I have.



364

(Note: The witness produced a ledger sheet, 
which was marked by the reporter as Respond­
ent’s Exhibit No. 44.)

Mr. Hogsett: I offer in evidence. Exhibit 44, 
which is set up the same way.

(Note: Mr. Hogsett now related the contents 
of said Exhibit 44 to the Court, the whole if the 
exhibit being as follows, towit:)

(See Photostat.)

Mr. Hogsett: Q. That covers, in the
various exhibits and in your testimony, the actual 
money on hand in all the funds at Lincoln Univer­
sity at this time as unexpended balances? A. 
Yes, sir.

Q. You are a member of the N.A.A.C.P., are 
you not. A. Yes, sir.

Q. How long have you been a member? 
A. About ten years.

Q. Dr. Sherman D. D. Scruggs is a member, 
—since 1921? A. I presume so,—I don’t know.

Q. Well, you know he is a member? 
A. YTes, he is a member, he told me.

Mr. Hogsett: May it be admitted—
Mr. Houston: No objection.



GENERAL LEDGER
L in c o l n  U n i v e r s i t y

N A M E  O F  a c c o u n t  L incoln  V n iT orrltv  >~und -  Operation 

A C C O U N T  N O __________________________________________

D C S
AMOUNT |

1
T 1036-1240 A ppropriation 16,000.00
T
T 1959

L ?eb . 10 .requ is ition
L
1 nr. 6 n
r
oT Lar. 21 n
IT
IT Apr. 15 w
Cl
TT Lay 15 n
si

IT n
IT
TT July 13 n
Ti­
ck Tent. IS n
Tz
zz O ct. 13 n
n
n Kov. 4 it
a
9Z Dec. 4 „
zz

6Z
OC

1940 

Jan. 25 n
T
«
K
rc
«
9C
It
W
M
W
l»
Tr
t»
7»

c  A ■ o I T  ■

AMOUNT TOTAL

124.20 124.20 1 15,175.30

306.SS 430.85 15,569.15

285.06 715.91 15,234.09

557.06 1272.97 14,727.03

550.71 1323.G8 14,176.32

421.09 2244.77 13,755.23

907.34 3232.11 12,707.39

351.97 3584.08 12,415.92

643.77 4227.35 11,772.15

947.82 5175.67 10,824.33

998.19 6173.36 9,826.14

193.09 6366.95 6,366.95

2 5 8

t I
t I#

 |S 
Is I

n IK
 |a

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\s

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|s 

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s I*

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 |a 

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b |r

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.1



'



365

Mr. Hogsett: Then it is admitted that Dr. 
Scruggs has been a member since 1921 and is so 
now.

'Q. Mrs. Bowles, Dr. Perry, Dr. Williams and 
Dr. Hubbard are all members of the N. A. A. €. P. ? 
A. I don’t have any information on that.

Q. You know you are and Dr. Scruggs is? 
A. Yes.

Q. That is all,—
Mr. Hogsett: You will admit that, won’t you? 

—that those four are members?
Mr. Houston: I don’t know,—I would be 

glad to have them.
Mr. Hogsett: You are not asked whether you

would be glad to have them, but are you willing 
to admit that you already have them?

Mr. Houston: Subject to their confirmation, 
yes; and the only reason I do that is because I ask 
nobody to approve— I am not giving an absent as­
sent that would stand for certain definite prin­
ciples. Whether these, other persons want to stand 
for those same principles, I don’t know; and I 
don’t want to obligate them, because of whatever 
this might have of public consequence. I do that 
in fairness to them.

Cross Examination of I. C. Tull 
by Mr. Houston

Q. So far as you know, Mr. Tull, the
N.A.A.C.P. is not made up simply of Negroes, is 
it? A. No,—Negroes and whites.

Q. I show you this and ask you if that is the



366

budget for the expenditure of that money,— 
$220,000,—for New Departments? (Showing wit­
ness Exhibit No. 33). A. Yes, sir.

Q. And when Mr. Hogsett is asking you 
about cash on hand, you mean money which is un­
expended? A. Yes.

Q. You are not referring to whether this 
money has been allocated, or not, for the rest of 
the biennium? A. No.

Q. Have all the unexpended balances been al­
located for the rest of the biennium? A. In this 
particular fund we have a free balance of $1774.

Q. How much free balance have you in the 
other funds, if you know? A. I think we have 
around about $2,000 in probably one fund.

Q. And that is all? A. That is all.
Q. So the amount of money which is unallo­

cated and which is free for the rest of the. bien­
nium does not exceed approximately four thousand 
dollars? A. No.

Q. Will you tell us the present salary scale 
at Lincoln University for full professors,—the 
minimum, first? A. Thirty-six hundred.

Q. Going up to how much? A. Five thous­
and.

Q. Can you give us, off hand, the salary scale 
for associate professors at Lincoln University? 
A. Three thousand.

Q. Going up to what? A. Going up to, I 
believe, forty-five hundred.

Q. The salary scale for assistant professors 
at Lincoln University? A. $2400.



367

Q. Going to to what! A. To three thousand 
dollars.

Q. Do you know what offers, if any, have 
been made to contact the men whom Dean Martin 
listed as recommended by him as competent teach­
ers in Lincoln University School of Journalism? 
A. Yes, I have talked to our President about it. 
He contacted—

Mr. Hogsett: Q. What you are going to 
say is based on what the President told you? A. 
Yes.

Mr. Hogsett: We object to that as hearsay 
testimony.

Mr. Houston: That is perfectly all right. 
Question withdrawn.

Q. You heard the testimony of Dean Martin 
as to his own figures for the introduction of a De­
partment of Journalism in Lincoln University, same 
amounting to a total of $35,000 for the biennium— 
do you have half of that money now, free? A. 
Not any of it.

Re-direct Examination of I. C. Tull 
by Mr. Hogsett

Q. If I understand the operation of your in­
stitution, it is like all other institutions which re­
ceive appropriations, is it not? A. Yes.

Q. There is nothing unique about the way 
your institution allocates its funds? A. Oh, no.

Q. It is a stereotyped manner? A. It is a 
business-like proposition.

Q. It is all the same— the University and



368

School of Mines do that? A. All of them.
Q. When the appropriations are made in these 

different funds, of $200,000 for that and half a 
million for this and $100,000 for another, the Board 
of Curators meets soon after that money is ap­
propriated and it is allocated to the various funds 
on supposed needs for the biennium? A. Yes—in 
this case—

Q. Just answer the question. We will get to 
the case. A. Put your question again.

Q. Isn’t this the way your institution oper­
ates: As soon as the appropriation is made of
this money by the General Assembly, the Board 
of Curators soon thereafter allocates the whole 
thing to various special needs? A. That is true.

Q. That isn’t true of Lincoln but of all 
state institutions? A. Yes, sir.

Q. But when something occurs in the middle 
of the two years biennium to necessitate taking 
money out of this allocated fund to use in another 
allocated fund, that can be done and is done, isn’t 
it? A. I presume that could be done, but—

Q. Not only could be done, but is, isn’t it?
Mr. Houston: Just a moment. The witness 

wanted to amplify that answer.
The Court: All right.
The Witness: That could be done and I think 

it would be done if the importance of the course 
or courses in question was more than some that 
they had already set up.

Mr. Hogsett: Q. Why certainly. It is just 
a business— A. But in this case—

Q. Go ahead. A. The Board set up new



369

courses because there was a great demand for all 
these courses, by a large number of students.

Q. Yes, sir. A. And they felt it was their 
duty to the people of Missouri to set up these 
courses.

Q. Now, have you made as full a statement 
as you desire—have you! A. That is all right.

Q. In the allocation of July 29, 1939, on the 
face of it it was labeled “ tentative allocation,”  do 
you remember that! A. Yes, sir.

Q. You remember that. A. All budgets are 
tentative.

Mr. Houston: Just a moment.
Mr. Hogsett: You have answered what I want 

to know.
The Court: One at a time.
Mr. Houston: This is the most direct leading 

and testifying on the part of counsel examing his 
own witness that I have seen, and I object to it as 
improper.

The Court: Well, objection will be overruled, 
but don’t lead your witness. I don’t want to go 
over it any more.

To which ruling of the Court the relator, by 
her counsel, then and there at the time duly ex­
cepted and saved her exceptions.

Mr. Hogsett: I wish to ask one more question, 
to reaffirm what the witness just said:—All budg­
ets are tentative? A. Oh, yes, I will admit that.



370

Mr. Hogsett: That is all.
(Witness excused.)

Mr. Hogsett: Now, if the Court please, the
respondent asks leave to amend the return to the 
alternative writ of mandamus by striking out the 
prayer as it now stands, and the signatures of 
counsel, and by adding, by interlineation or addi­
tion, a new paragraph “ 21,”  and then to be fol­
lowed by the prayer and the signatures of counsel, 
in order to conform to the proof.

(Note: Same was handed up to the Court,
then to Mr. Houston.

Mr. Houston: I object to the statement that 
it is in conformity to the proof. There is abso­
lutely no such proof in there.

The Court: Let me read it. (Heading.)
Mr. Hogsett: In order to rephrase the request 

for leave to amend, I re-state it as follows: The 
respondent asks leave to amend his return by add­
ing a paragraph, numbered “ 21,”  by substituting 
it at the place where the prayer now appears, and 
by adding the prayer and signature of counsel fol­
lowing paragraph 21.

Mr. Houston: I have no objection to that.
The Court: There being no objection, let the 

amendment be made.
(Note: Said amendment was accordingly

made, said paragraph being set out as No. 21 in 
the return is not copied here.)

Mr. Houston: We ask leave to amend by
interlineation in paragraph 2 of the petition, in­



371

serting the date “ January 30, 1939,”  as the first 
date she went to the University of Missouri, and 
in paragraph 3, inserting the date “ on or about 
September 14, 1939,”  as the date she made a sec­
ond attempt to enroll at the University of Mis­
souri.

Mr. Hogsett: No objection to either of those.
Mr. Houston: And by adding a paragraph,

“ 12,”  to the petition as follows: “ Relator ten­
ders herself ever ready and willing to pay all 
lawful uniform fees and conform to all lawful uni­
form requirements governing registration and ad­
mission to the graduate school of the University 
of Missouri for graduate work in Journalism.”  
That is a tender.

Mr. Hogsett : No objection to that.
(Note: And now recess was taken for the

noon hour. Court reconvened at 1:15 P. M., of 
the same day, pursuant to order, all present as 
before, at which time the following proceedings 
were had herein, to-wit:)

Mr. Hogsett: Respondent rests.

Mr. Houston: I would like to recall Mr. Can­
ada for further cross examination, in view of the 
amendment which has been made.

Whereupon, S. W. CANADA, being recalled as a 
witness, was duly produced and examined, tes­
tifying as follows:



372

S. W. Canada, Recalled 
by Mr. Houston

Q. When a qualified white student makes 
application to be admitted to a Department or 
School of the University of Missouri, do you in­
quire into that student’s motive as to why he or 
she wants to attend the University? A. We do 
not.

Mr. Houston: That is all.
Mr. Hogsett: That is all.
(Witness excused.)

And here the respondent closed his case.

RELATOR’S REBUTTAL

The relator, in rebuttal, offered and intro­
duced evidence as follows, to-wit:

LUCILE BLUFORD, being recalled as a witness, 
was duly produced and examined and testified, 
in rebuttal, as follows:

Lucile Bluford, Recalled 
by Mr. Houston

Q. You have heard the names of some six 
or seven persons mentioned as potential instruc­
tors in a Department of Journalism at Lincoln



373

University, to-wit: Thelma Thurston, Lewis
Swingler, Constant Charles DeJoie, Arthur Ran­
dall, James Fleming, AVilliam Gibson and Bernard 
Young. I will ask you if, to the best of your 
knowledge, they are Negroes! A. Yes, they are.

Q. As a result of your experience in the field 
of Negro journalism, are you acquainted with the 
papers on which they work, and their qualifica­
tions? A. Of some of them.

Q. Well, take Thelma Thurston,—I under­
stand she is working on The Call? A. Yes, sir. 
She is news reporter in our Kansas City, Kan­
sas office. We have a branch office in Kansas 
City, Kansas.

Q. Can you state her educational training? 
A. She received an A. B. degree in Journalism 
from the University of Minnesota in 1934, and 
has worked with us since that time.

Q. Has her experience been less than yours? 
A. Yes. Her work is news in Kansas City, Kan­
sas, and she has nothing to do with the general 
news of the paper.

Q. Lewis Swingler,—who is he? A. He is 
a graduate of the University of Nebraska. I met 
him in the Estes Park, Colorado, conference in 
‘ 31. He finished the year before I finished at 
Kansas, was seeking employment, and I suggested 
to him that he write to Atlanta where Mr. Scott 
was about to start a daily paper.

Mr. Hogsett: We object to the conversation 
between them.

Q. (By Mr. Houston) Well, are you familiar 
with the Memphis World— A. Swingler is edi­



374

tor of the Memphis World.
Q. Are you familiar with the paper? A. Yes, 

sir. The World is a part of a southern news­
paper chain,—the, parent is the Atlanta Daily 
World.

Q. How many pages in the average issue? 
A. They publish two papers a week,—between 
8 and 12 pages.

Q. And the circulation? A. The circulation 
is 8,500, according to Editor and Publisher.

Q. And those figures represent what? A. 
They are accepted as the standard, and it is the 
standard circulation accrediting agency of the 
newspaper profession.

Q. Constant Charles DeJoie? A. I don’t 
know him personally. He is with the Louisiana 
Weekly, published in New Orleans, published by 
his father and family.

Q. What is the circulation of the paper, ac­
cording to Editor and Publisher,—state what page 
you are referring to. A. This is the 1940 In­
ternational Year Book, January 27th, 1940, page 
189.

Q. Is that the latest? A. Yes, we received 
this a few weeks ago. The Louisiana Weekly 
circulation is 14,064. We receive the Weekly on 
exchange.

Q. About how many pages in the Louisiana 
Weekly? A. Eight or twelve,—I think it is eight, 
but maybe twelve.

Q. Arthur Randall,— do you know him? A. 
No, I don’t know him.

Q. Do you know James Fleming? A. I don’t



375

know him personally, but do by reputation and 
through correspondence.

Q. Has he had experience equal to yours? 
A. Mr. Fleming has been employed as feature 
writer and reporter on the Journal and Guide, 
Amsterdam News and, perhaps, the Afro-Ameri­
can; and at this time is on the Philadelphia Tri­
bune. He has had no executive work that I know 
of, but his experience is limited to writing.

Q. William Gibson! A. I know him per­
sonally. He is managing editor of the Afro-Amer­
ican, one of the largest Negro papers. He has 
had more experience than I have,—he has been 
with Afro thirteen or fourteen years.

Q. Do you know his academic preparation! 
A. I think he has an A. B. degree, but I don’t 
know where.

Q. The circulation of the Afro is what? A. 
53,098,—A. B. C.

Q. Bernard Young? A. He is publisher of 
the. Norfolk Journal and Guide, and a graduate 
of the Ohio State University with an A. B. in 
Journalism. He has had considerable experience, 
and it has been similar to mine. He is managing 
editor.

Q. What is the circulation of the Journal 
and Guide? A. Thirty thousand.

Q. Do you know the range of salaries on 
some of the better Negro newspapers? A. I know 
it on the larger papers like the Chicago Defender, 
the Amsterdam News,— of New York,—the Pitts­
burgh Courier in Pittsburgh, and possibly the Jour­
nal and Guide. Those top salaries range from



376

fifty to seventy-five dollars a week. Several mem­
bers of the staff of the. Defender make $75 a 
week. Mr. Gibson makes about fifty or fifty-five 
dollars a week.

Q. Do you know whether the Amsterdam 
News staff are members of the Newspaper Guild? 
A. Yes, they are members of the Newspaper 
Guild,—the only branch among the Negro news­
papers.

Q. As a matter of fact, what has been one 
of the top salaries on the Kansas City Call, your 
paper, during the time you have been connected 
with it? A. Well, the top salary since I have 
been connected with the paper has been, probably, 
about forty-five dollars a week, made several years 
ago by our managing editor then; but before I 
came to The Call and was a student at K. TL, I 
did practice work on The Call and Mr. LaCour 
received seventy-five dollars a week. He was ad­
vertising manager, before the depression and in 
good times.

Q. After the close of court an amendment 
was introduced by counsel for Mr. Canada which 
raised the question of your good faith in making 
application to go to the School of Journalism, 
stating that you didn’t want to go, yourself, but 
were acting as a straw party for the National 
Association for the Advancement of Colored Peo­
ple. I ask you, first, is that correct? A. No, 
sir; it is not.

Q. State, if you please, for the purpose of 
addressing ourselves to this new amendment,— 
state your efforts in the office to get away to



377

go to the Missouri School of Journalism prior to 
January 25th, 1939,—the day on which you first 
wrote me. A. As I said yesterday, I have always 
had a desire to further my professional training 
at the University of Missouri School of Journal­
ism, which is the. outstanding school in the coun­
try. When the Gaines decision was handed down 
in December, 1939, I said, “ My opportunity has 
come to enter the University of Missouri, as I 
have always wanted to do.”  I wrote a request 
for a catalogue and application blank to Mr. Can­
ada. I didn’t do this the, week or the day after 
the decision was handed down, for this reason: 
I noticed in the paper that the University of Mis­
souri had filed a motion for rehearing in the Su­
preme Court and I thought it would take three 
or four months before, the Supreme Court would 
act upon that motion and it would still be in liti­
gation and I had as well not apply at that time; 
but in about a week the Supreme Court denied 
the motion, so I said, “ Well, everything is clear 
and I will move ahead.”  I sent my application 
form to Mr. Canada and correspondence followed 
and Mr. Canada said for me to come down and 
enroll. Mr. Franklin was out of town,—he is 
our editor and publisher,—and I wasn’t able to 
consult with him on the probability of getting a 
leave of absence to go to school. But in talking 
around the office some of the people, who knew 
that I had applied and wanted a leave of absence, 
said I was probably wasting my time in trying 
to get a leave of absence because, they didn’t think 
the University would let me in even though they 
had this decision—



378

Mr. Hogsett: We object to this conversation.
Mr. Houston: All right.
Q. Why did you write me ? A. People in 

the office said—
Mr. Hogsett: Hearsay testimony, I object to.
The Court: She is answering why she wrote

him.
Mr. Houston: Go ahead.
A. People in the office said that even though 

my transcript had been accepted and I had re­
ceived word to come down that the chances were 
they didn’t know I was a Negro and had told me 
to come down, thinking I was a white student. 
I thought they did know,—I thought at first that 
it didn’t make any difference whether they knew 
it or not, because of the Gaines decision, and that 
the school was open to all citizens regardless of 
color, but some of them felt I should make it clear 
to the University that I was colored before going 
down there, to avoid any possible embarrassment 
or insult that might come from it, but I then 
thought they did know I was colored because the 
words “ Lincoln High School”  were on the Iv. U. 
transcript. I was in a state of bewilderment,— 
I didn’t know whether they knew that or whether 
to tell them. I thought I didn’t need to, and I 
thought I would take the advice Mr. Wilkins had 
given me before, when he came to Kansas City 
to see his brother. He said, when I told him I 
was planning to go to the University of Missouri, 
he said, “ Good,”  that he had often wanted to 
go there, himself, when he was living in this sec­
tion. He suggested that I wrote to Mr. Houston, 
and so I did.



379

Q. You say you had some difficulty in 
making up your mind whether to tell them you 
were colored. Is that a common difficulty, that 
Negroes face in America, day by day! A. Yes, 
sir; most Negroes face that same problem. One 
of the members of our staff, our stage editor, got 
an invitation several weeks ago to attend—

Mr. Hogsett: That has nothing to do with
this case. What has that to do with anything we 
are here to try?

The Court: I think objection will be sus­
tained.

Mr. Houston: She did not mention it and
would not have gotten down to the University of 
Missouri campus, according to what has happened 
here, if the matter had been known; and since 
they put in the question of good faith, as I read 
the Gaines case,—and somebody else has said “ ex­
perience is the only lamp by which my feet are 
guided,”  the question was raised in that case as 
to why Gaines did not tell he was a Negro. I 
can testify, myself, that this is a common prob­
lem. When we get invitations, even to public 
meetings, the question is: are we given these in­
vitations and given these, certificates knowing we 
are Negroes? Sometimes they just go to the tele­
phone directory and pick out a lot of names and 
then embarrass us when we show up. We suffer 
embarrassment from that every day.

The Court: That may be true, but I don’t
see—

Mr. Houston: If there is no issue going to
be made in this case, of the fact that she didn’t



380

write down to the University of Missouri—which 
I don’t think, personally, she was obligated to do 
since it is a public institution,—and say, “ I 'want 
you to know I am a Negro citizen,”  in view of 
the fact that her high school, Lincoln High School, 
was set out on the transcript, that there is only 
one Lincoln High School there and it is a Negro 
school, which was sufficient notice to the Univer­
sity of Missouri; I have no desire to enlarge that 
issue, if Your Honor rules that has nothing to do 
with the case.

Mr. Hogsett: He is just mixing it all up.
The Court; I am just stopping her from go­

ing ahead with all these instances,—I can’t tell 
what the other side will raise when the time comes, 
—that is the way I look at that.

To which ruling of the Court the Relator, by 
her counsel, then and there at the time duly ex­
cepted and saved her exceptions.

Mr. Houston: Q. Why did you have 
counsel from the National Association, as dis­
tinguished from going out and employing private 
counsel? A. Knowing the tremendous cost of the 
Gaines case and other cases fought, I knew if I 
tried to meet all the expense myself I would ex­
haust my funds and would not have any money 
to go to school on when I got in.

Mr. Houston: Mr. Hogsett and I have had
a conversation and I think we have agreed that 
for a case of this kind, or a case like the Gaines 
case, a fee of $750,—or I believe it was $500,— 
would be a very modest fee for a private lawyer 
to charge for his services—



381

Mr. Hogsett: I certainly agree that that
would be very modest.

Mr. Houston: And if this case had to be ap­
pealed to the Supreme Court of Missouri and 
to the United States Supreme Court a fee of pri­
vate counsel of $1,500 through the three courts 
would be modest and reasonable.

Mr. Hogsett: I certainly agree to that. I
think that is very moderate.

The Witness: Then I appealed to the N. A. 
A. A. C. P. because I am a member of that or­
ganization and have been paying my membership 
fees, and that organization exists to fight for the 
rights of Negroes.

Mr. Houston: 'Q. Have you paid out of 
your own pocket anything whatsoever in connec­
tion with this case? A. I have paid all my per­
sonal expense,—traveling and living and that type 
of thing.

Q. How long were you on the campus of the 
University o f Missouri on January 30th, 1939, be­
fore you went into the office and Mr. Canada 
read you that prepared statement that has been 
introduced, as explaining the reasons for his de­
nial? A. You mean, in Air. Canada’s private 
office ?

Q. Yes,—how long were you on the campus 
before you went to his private office? A. It took 
me about five minutes to walk—

Q. You are thinking about September 14th, 
and I am asking about the time when you got 
in line. A. It took me about five minutes to go 
from my car to Mr. Canada’s office. I stood in



382

line there about ten or fifteen minutes, I think, 
before I was called into his office.

Q. Now, one last question: You have a 
brother by the name of Guyon,—does he bold an 
advanced degree! A. Yes, he has an M. S. de­
gree in Chemical Engineering from the University 
of Michigan.

Mr. Houston: I think that is all.

Re-cross Examination of Lucile Bluford 
by Mr. Hogsett

Q. When you wrote Mr. Houston on Janu­
ary 25th, suggesting that if you were unable to 
get tbe leave of absence from The Kansas City 
Call, whether he didn’t think it would be all right 
lor you to enroll anyway and just attend the 
classes at Missouri University for “ a few days,”  
you meant that, didn’t you! A. I explained what 
I meant by that.

'Q. You can answer yes or no. You can 
answer, then explain. Did you mean what you 
wrote him? A. Yes, I meant what I wrote him.

Mr. Hogsett: That is all.
Mr. Houston: Let her explain it. Go ahead.
A. I thought if I got in for two or three 

days, Mr. Franklin would grant my leave of ab­
sence, and even if I had got in for only two or 
three days it would pave the way for another stu­
dent to attend the University. It would pave the 
way for another Negro student even if I didn’t 
get to go, but I did think Mr. Franklin would 
let me go if I were accepted.



383

Mr. Hogsett: Q. You were contemplating 
the possibility that this thing might break 
down into an enrollment or attendance at Missouri 
Uiversity for three or four days! A. That is 
not primarily true.

Q. And your intention was to serve as a 
precedent for some other Negro! A. I said “ even 
if .”

Q. Yes, “ even i f ” —using your exact langu­
age. A. I felt if I could get in for two or three 
days that Mr. Franklin would permit me have the 
leave.

Q. But you were acting, and ostensibly act­
ing, as a mere test party to create a precedent! 
A. No.

Mr. Hogsett: Oh, well, that is all.
Mr. Houston: Now, I think his cross ex­

amination is unfair, for this reason: If he wants 
to ask the lady if she was acting in part, I think 
it is proper cross examination; but having her 
whole testimony here, that she wanted to go there, 
herself, saying that she had also in mind if she 
could start and was not able to stay that it would 
help open the door to other Negroes,—if he wants 
to ask her if that was a part of her motive, that 
she should try to be a wedge to open the door 
to other Negroes, I have no objection to the ques­
tion, but in the form asked, I do object to it.

The Court: Well, she answered in the form 
that you put it in I think.

Mr. Hogsett: That is all.
(Witness excused.)



384

And the relator, in rebuttal, called as a witness 
MRS. DOROTHY DAVIS, who, being duly 
produced, sworn and examined, testified as 
follows, to-wit:

Direct Examination of Mrs. Dorothy Davis 
hy Mr. Houston

Q. Your name is Dorothy Davis? A. Yes, 
sir.

Q. What is your business occupation? A. I 
work on The Kansas City Call.

Q. What is your position there? A. I am 
in the news department. I don’t have a title.

Q. "What education have you had? A. A. B. 
degree from the University of Kansas.

Q. Are you a Phi Beta Kappa? A.Yes.
Q. Did Miss Bluford discuss with you at all 

the question of her attending the University of 
Missouri School of Journalism? A. Yes, she did.

Q. When? A. That is hard to say, because 
she has been talking about it a long time.

Q. How long? A. Well, to tell you the 
truth, I have heard her say she wanted to go ever 
since I have worked with, her at The Call.

Q. And how long have you worked there? 
A. Since June, 1937, but she became more definite 
and began to talk definitely about it from the time 
of the decision on the Gaines case by the Supreme 
Court. Every time we discussed the Gaines case, 
she would want to go to the University of Missouri.

Mr. Houston: I would like to make a state­
ment of proof on this same issue,—that Mrs. Davis



385

and Miss Bluford had a conversation bearing on 
this question of whether the University of Missouri 
knew that she was colored, and that partly as a 
result of conversation with Mrs. Davis, and with 
others on the staff, she was in a quandary in her 
mind as to what .she should do; I would like to have 
Your Honor rule,—they tell me in good practice I 
should ask the question and let the other side ob­
ject, so I will

Q. Mrs. Davis, did you have a conversation 
with Miss Bluford as to whether the University 
of Missouri, in telling her to come down here and 
register, knew she was colored? A. Yes.

Mr. Hogsett: I want to surprise counsel by
not objecting.

The Court: And surprise the Court.
Mr. Houston: Your Honor, that spoils the

party. (Laughter.)
Q. All right. State what it was. A. Well, 

I cant say “ it”  because we talked a number of 
times, but when she received a letter from Mr. 
Canada saying “ come on”  in so many words, she 
showed me the letter and I said, “ Do you think 
they know you are a Negro?”  and she said that 
“ Lincoln High School”  was on the transcript, and 
I said “ Maybe you ought to tell them,” —it seemed 
to me she should because I figured she would 
come down to Columbia and be embarrassed.

Q. Was there any question why you did that, 
in your mind, about coming to Columbia, as dis­
tinguished from other places? A. Well, of course, 
colored people are embarrassed in places all over 
the country, but I didn’t have a very good opinion



386

about Columbia, Missouri, and I will tell you why, 
—and I told her this at the same time,—an uncle 
of mine had a very unpleasant experience out on 
the highway a number of years ago, when he 
stopped for gas, and you can see from the way 
they have fought to keep Negroes out of the Uni­
versity—

Mr. Hogsett: We object to that last part.
Mr. Houston: That is enough.
Mr. Hogsett: No questions.
(Witness excused.)

And the relator, in rebuttal, called as a witness 
MRS. ADA FRANKLIN, who, being duly 
produced, sworn and examined, testified as 
follows, to-wit:

Direct Examination of Mrs. Ada Franklin 
by Mr. Houston

Q. Mrs. Franklin,—you are Mrs. Ada Frank­
lin? A. Yes, sir.

Q. Are you the wife of the Editor of the 
Kansas City Call? A. I  am.

Q. Since I am on that,—you are an A. B. of 
Clark University? A. Yes, sir.

Q. Have you had any other training? A. 
Graduate of Emerson School of Oratory in Bos­
ton, post work at the Hawn School of Speech and 
Art, Carnegie Hall, New York.

Q. Did you teach, at all? A. Yes,— State 
College, Nashville, Tennessee; and four years ex­



387

perience as Dramatic Specialist for Negroes, Na­
tional Playground and Recreation Association of 
America, with headquarters in New York City.

Q. Were you the first Negro to be so con­
nected with that Association ? A. Yes, sir.

Q. You know Miss Bluford? A. I think I 
do.

'Q. The ideas of Mr. Franklin and the prin­
ciples upon which he runs the newspaper are well 
known to the staff, which is more or less of a 
family? A. Yes, sir.

Q. Did Miss Bluford ever discuss with you 
the matter of her going to the University of Mis­
souri? A. She did.

Q. How long ago? A. In general, a year 
ago; Miss Bluford came to me in the absence of 
my husband, telling me of her desire to attend 
the University of Missouri and asking what I 
thought of it. I said, “ Miss Bluford, I am sux-e 
if Mr. Franklin were here he could arrange for 
vou to go, but I cannot answer in his absence; 
but he will be here in a few days.”  When he 
returned, I told him of her conversation with me 
and he said, “ If Lucile” —he always speaks of 
her in a fatherly way,—“ if Lucile can get further 
education by attending the University of Missouri, 
I will make the supreme sacrifice and excuse her 
to go.”

Q. Are you around the office very much? A. 
We happen to live in our own building.

Q. Living in your own building, your living 
quarters are on one floor and The Call is on the 
other floors? A. Yes, sir.



388

Q. Are you around the business office of The 
Call? A. All through the day, more or less.

Q. Are you a stockholder in The Call? A. 
Yes, sir.

Q. What do you do there? A. I think I 
have the most important job of all, and that is 
in taking good care of Mr. Franklin.

Q. (By Mr. Hogsett) Mrs. Franklin, is that 
a full-time job? A. It is. (Laughter.)

(Witness excused.)

Mr. Houston: We rest.
Mr. Hogsett: We rest.
And here the relator closed her case.
And here the respondent closed his case. 
And this is all the evidence in the case.

Messrs. Houston and Hogsett addressed the 
Court, and the cause was by the Court then taken 
under advisement, with leave to the parties to file 
briefs.

And thereafter, on the 31st day of May, 1940, 
the same being one of the days of the next suc­
ceeding term of this Court, to-wit, the April, 1940, 
term thereof, the parties herein being present by 
counsel as heretofore, the Court, having continued 
this cause under advisement until this day, an-



389

nouneed its finding on the issues herein to be in 
favor of respondent and against the relator, as 
fully appears in the record proper herein, (q. v.) 
And the Court doth now file a memorandum of 
its opinion herein, same being as follows, to-wit:

►State ex rel. Lucile Bluford, Relator,

v. 35754
S. W. Canada, Registrar of

the University of Missouri, Respondent.

MEMORANDUM OF OPINION

Filed and ordered made a part of the record 
May 31st, 1940.

Relator, a Negro citizen of Missouri, of full 
age and having the necessary academic credits for 
admission to the Graduate School of the Univer­
sity of Missouri for graduate work in the field of 
Journalism, applied for admission to said School 
on January 30, 1939, and again on September 4, 
1939, and was by respondent Registrar of said 
University refused admittance on both dates on 
the sole ground that she was a Negro.

This refusal was made under the rules of 
the Board of Curators of said University, and un­
der and in accordance with the policy and law of 
the State of Missouri, which provides for separate 
schools for the education of the white and colored 
races. Said University of Missouri is the only 
state educational institution within the state that 
offers graduate instruction in the field of Jour­
nalism. The State maintains two state univer­



390

sities: Lincoln University for colored students and 
the University of Missouri for students of the 
white race.

On the dates when the applicant sought ad­
mission to the University of Missouri, Lincoln 
University did not offer an advanced course in 
Journalism. Relator was, at the date of the filing 
of this action, twenty-seven years of age, and had 
graduated, eight years before, with an A. B. de­
gree from the Kansas State University with a 
major in Journalism. Since that time, she has 
been engaged in newspaper work. For a number 
of years, she has been Managing Editor of the 
Kansas City Call, a newspaper circulating among 
colored people, which is published in Kansas City, 
Missouri, and has a circulation, over a number of 
the southwestern states, of about 23,000.

There was no application made for admit­
tance to Lincoln University, the evidence being 
that Relator consulted with the authorities there 
and was informed that courses in Journalism 
would not be offered before 1941; and no demand, 
formal or otherwise, was made on the Lincoln Uni­
versity authorities for graduate work in Journal­
ism.

Relator is a member of the National Associa­
tion for the Advancement of Colored People, and 
is being furnished aid and is financed in the prose­
cution of this action by said organization. This 
is the second action for mandamus in this court 
by a Negro seeking admission to the University 
of Missouri. In the first case, State ex rel. Gaines 
v. Curators of University of Missouri, admission



391

to the School of Law of said University was sought, 
and the relator in that case was assisted by the 
X. A. A. C. P. in the prosecution of the cause. 
The Supreme Court of the United States held 
that Gaines was entitled to admission. Following 
that decision, the legislature of the State of Mis­
souri amended the state laws with regard to the 
education of colored persons, in an effort to com­
ply with the decision in the Gaines case. Lin­
coln University established a Law School for col­
ored students, equal to the School of Law at the 
University of Missouri, and, under the decision 
in the Gaines case, that relator would have been 
transferred to the Lincoln University Law School 
if he had been admitted to the University of Mis­
souri. On the affidavit of counsel for Gaines, that 
they were unable to produce said relator because 
his whereabouts were unknown, that case was, by 
his counsel, dismissed.

The admittance sought here is for the pur­
pose of receiving advanced education in a techni­
cal school which, according to the evidence, con­
sists of courses intended to add to the general 
education of the student, and which courses are 
given in the Graduate School of the University 
of Missouri.

The legislature of the State of Missouri has 
from the organization of the state deemed it ad­
visable and necessary to separate white and Ne­
gro races for the purpose of education and has 
legislated from time to time upon the subject. 
The legislature in 1921 established Lincoln Uni­
versity. (Chap. V, Art. 19, B. S. Mo. 1929.)



392

After the Gaines decision in 1939, it amended the 
provisions of law in regard thereto. (Page 685, 
Laws 1939.) The statute in force at the time of 
the Gaines case (Sec. 9618, R. S. Mo. 1929) pro­
vided

“ The Board of Curators of the Lincoln 
University shall be authorized and required 
to reorganize said institution so that it shall 
afford to the Negro people of the state op­
portunity for training up to the standard fur­
nished at the State University of Missouri 
whenever necessary and practicable in their 
opinion. To this end the Board of Curators 
shall be authorized to purchase necessary ad­
ditional land, erect necessary additional build­
ings, to provide necessary additional equip­
ment, and to locate, in the County of Cole, 
the respective units of the university where, 
in their opinion, the various schools will most 
effectively promote the purposes of this ar­
ticle.”

The amendment adopted May 4, 1939, which 
was in force at the date of the filing of this case, 
(Sec. 9618 as amended in the Laws of 1939, page 
685), reads as follows:

“ The Board of Curators of the Lincoln 
University shall be authorized and required 
to reorganize said institution so that it shall 
afford to the Negro people of the state op­
portunity for training up to the standard 
furnished at the State University of Missouri. 
To this end the Board of Curators shall be



393

authorized to pui'chase necessary additional 
land, erect necessary additional buildings, to 
open and establish any new school, department 
or course of instruction, to provide necessary 
additional equipment, and to locate the respec­
tive units of the university wherever in the 
State of Missouri in their opinion the various 
schools will most effectively promote the pur­
poses of this article.”

Section 9622, as amended by the Laws of 
1939, page 686, provides as follows:

“ Pending the full development of the 
Lincoln University, the Board of Curators 
shall have the authority, if and when any 
qualified Negro resident so requests, to ar­
range for his attendance at a college or uni­
versity in some other state to take any course 
or to study any subjects provided for at the 
State University of Missouri, and which are 
not taught at the Liconln University, and to 
pay the reasonable tuition fees for such at­
tendance. ’ ’

Relator insists that refusal of admittance to 
the Graduate School of the University of Missouri, 
in the field of Journalism, constitutes a violation 
of the equal protection clause of the Fourteenth 
Amendment to the Federal Constitution, and rela­
tor brings mandamus to compel admission.

The State, through the courts, fully recognizes 
its obligation to provide Negroes with advantages 
for higher education substantially equal to those



394

afforded white students. To meet this obliga­
tion, the State, (by Sec. 9618, R. S. Mo. as amended 
Laws of 1939, page 685,) has directed, and made 
it mandatory upon the Curators of Lincoln Uni­
versity to reorganize that university so as to offer 
there all courses offered at the University of Mis­
souri and to make the standards equal. It has 
made appropriation therefor which, per student 
capita, is considerably in excess of the appropria­
tion for the University of Missouri.

The right of the State to separate the races 
for the purpose of education, and the validity 
thereof, has been sustained by the federal courts. 
(State ex rel. Caines v. Curators of University 
of Missouri, and the cases there cited.) The right 
to segregate is upheld upon the broad reasoning 
that the State may determine the best interests 
of each race, and may separate the races for the 
purposes of education for the good of either race, 
or of both. The only limitation is that there 
must not be a disregard of the rights of either 
race.

The law regulating Lincoln University, as it 
now stands, places the mandatory duty upon that 
Board to bring that institution to the same stan­
dard as the University of Missouri. This does 
not disregard the rights of the relator, but guar­
antees to her the right of equal opportunity and 
the equal protection of the law. To say that be­
cause the Board of the University of Missouri 
has, in its discretion, established some highly tech­
nical or specialized training which the Board of 
Lincoln University has not yet done, the relator



395

can suddenly pick upon this highly specialized 
course, without allowing reasonable time for its 
installation at Lincoln University, and compel by 
mandamus her admission to the University of Mis­
souri, would be to disrupt the whole approved 
system which experience in Missouri has clearly 
justified.

The Gaines case, upon which relator relies, 
was decided under the Missouri law as it then 
existed, and not as it existed at the institution 
of this suit. The United States Supreme Court 
in the Gaines case held that the provisions of 
Section 9618, Revised Statutes of Missouri, 1929, 
did not guarantee equal protection since it was 
within the discretion of the Lincoln Board to estab­
lish and maintain at that institution the courses 
provided at the University of Missouri, and that 
the pivot on which the Gaines case turned was 
Section 9622, R. S. Mo. 1929. The Court held 
that Section 9622 did not satisfy the constitutional 
requirement of equal protection, as the duty of 
establishing- a law school was discretionary with 
the Board and its establishment might be indefi­
nitely postponed; that the relator had the personal 
right to attend law school in Missouri and that 
attendance at an outstate school did not satisfy 
said constitutional requirement.

Clearly, under the above decision, the law as 
it now stands is not unconstitutional. It in no 
way disregards the educational rights of the col­
ored race, but, on the contrary, guarantees equal 
opportunity in the field of Education. It would 
seem that if the two systems are permissible and



396

are to be maintained, that the operation thereof 
must be considered from the standpoint of reason.

The question here is, again, whether both uni­
versities must at all times offer the same courses 
in order to guarantee equal protection, or are 
they, upon first notice or demand, to have a rea­
sonable time to offer a course requested for the 
first time?

It could not very well be said that any in­
dividual is denied equal protection of law merely 
by the fact that a certain course of study is not 
at all times provided. If this be true, it would 
seem that there should be some duty on the in­
dividual claiming discrimination to make a de­
mand or request upon the authorities upon whom 
the State of Missouri has, for his or her pro­
tection, placed the mandatory duty to provide the 
desired course of study, and he or she must have 
been refused before discrimination can be claimed.

The relator made no demand of Lincoln Uni­
versity for the establishment of the course of study 
here sought. It is the conclusion of the Court, 
under the decision of the Gaines case and the 
facts of this case, that relator has not been denied 
equal protection of the laws, and the peremptory 
writ should be denied.

The State has made it mandatory upon the 
appropriate State agency, that is, the Board of 
Curators of Lincoln University, to bring that in­
stitution to the standard of the University of Mis­
souri, and to that end has directed that all courses 
given at the University of Missouri shall be af­
forded to colored students requesting them at Lin-



397

coin University, and there is no choice,—that Board 
must do this much. No one with experience in 
localities where both races are numerous questions 
the determination that separation of the races for 
the purposes of education is for the general good. 
Should this Court use the discretionary writ of 
mandamus to disrupt the educational policy of 
this state, upon the mere application of a single 
colored student who selects one of the highly tech­
nical and specialized courses at the University of 
Missouri, simply because the Board of Lincoln 
University has not had an opportunity since the 
application of relator for admittance to the Uni­
versity of Missouri to establish the course, which 
course will be given within the time necessary for 
her attendance at the University of Missouri and, 
when established, the relator would by the law in 
force be transferred from said University to 
Lincoln? Should the best interests of both races 
suffer, in order that relator’s bare legal right, if 
it is a right, be preserved, and especially since her 
opportunity for education is not denied? Should 
the Court disregard the good of both races and use 
the discretionary writ of mandamus to nullify the 
established policy of segregation in this state?

If these questions are answered in the affirma­
tive, the result would be that Negro citizens could 
suddenly apply for courses at the University of 
Missouri which, at the instant, were not being 
given at Lincoln, before the Board of the latter 
institution even knew that any colored person de­
sired such courses, and before the Board, after 
learning of such desire, could, within reason, estab­



398

lish same, thus forcing their admission to the Uni­
versity of Missouri, only to be transferred when 
the Lincoln Board performed its mandatory duty, 
which it would surely do.

If this may be done by mandamus, then there 
is no segregation possible, even though such prin­
ciple has been held legal and apparently is for 
the good of both races. The State has made it 
mandatory that Lincoln University give the course 
in question, and has provided, during the interim 
necessary to prepare therefor, that, where re­
quested, the tuition of the student be paid by the 
State of Missouri at some similar institution where 
such course is given. Such legislation meets the 
requirements of the decision in the Gaines case.

Mandamus is not a writ of right, but is granted 
in the Court’s discretion, and only upon a full 
consideration of all the circumstances. Under the 
facts shown by this evidence, it is, at most, not 
clear that there is an unmistakable disregard of 
relator’s right. Under the facts as shown in this 
case, it does not appear that the best interests, 
either of relator, or of the people, white or col­
ored, of the State of Missouri, would be served 
by the issuance of the writ. Inasmuch as the writ 
should go only upon a clear and compelling show­
ing of right in the relator, and a correlative duty 
upon respondent, coupled with a consideration of 
the public interest involved, and since its issu­
ance herein would tend to hamper the operation 
of both universities, it appears that this highly 
remedial writ, which largely rests in the discretion 
of the Court, should not issue. It is the conclusion



399

of this Court that the peremptory writ should be 
denied.

To which ruling of the Court the relator, by 
her counsel, then and there at the time duly ex­
cepted and saved her exceptions.

And now on said 31st day of May, 1940, the 
same being within four days after finding, decree 
and judgment herein and at the same term of 
court thereof, the relator, by her counsel, filed 
her motion for a new trial herein, same being in 
words and figures as follows, to-wit:
State of Missouri, County of Jackson, ss.

IN THE CIRCUIT COURT OF BOONE 
COUNTY, MISSOURI.

State of Missouri, ex rel. Lucile Bluford, Relator.

Vs.

S. W. Canada, Registrar of the 
University of Missouri, Defendant.

MOTION FOR A  NEW TRIAL

Comes now the relator, within four days after 
the rendering of the verdict and judgment and 
yet within the same term, and moves the Court 
to set aside its verdict and judgment and grant 
her a new trial in the above styled cause for the 
following reasons:

1. The verdict and judgment of the Court 
are for the wrong party.

2. The verdict and judgment of the Court are



400

against the weight of evidence and contrary to 
the law.

3. The verdict and judgment of the Court 
are contrary to and in violation of the 14th Amend­
ment of the Constitution of the United States for 
that they deprive relator of equal protection of 
the laws.

4. The Court erred in holding that mandamus 
would not lie against the respondent to compel 
him to issue relator a permit to register in the 
Graduate School of the University of Missouri for 
graduate work in journalism; and to register and 
admit her to said school for the work indicated 
at the next regular registration period upon her 
meeting the lawful uniform requirements and pay­
ing the lawful uniform fees exacted of other stu­
dents seeking admission to the same school for 
the same work.

Sidney R. Redmond 
H enry D. E spy 
John A. Davis 
Charles H. H ouston 

By S. R. Redmond 
Sidney R. Redmond 

Attorneys for Relator.

Which said motion for a new trial being now 
presented to the Court, on the same day, was by 
the Court duly seen and heard and overruled, to 
which action and ruling of the Court the relator, 
by her counsel, then and there at the time duly 
excepted and saved her exceptions.



4 0 1

And thereafter, to-wit, on the 5th day of June, 
1940, the same being also one of the days of the 
regular April, 1940, term of this Court, the re­
lator, by her counsel, filed her application and 
affidavit for an appeal herein, being in words and 
figures as follows, to-wit:

State of Missouri, County of Boone, ss.

IN THE CIRCUIT COURT OF BOONE 
COUNTY, MISSOURI.

State of Missouri,

Ex Rel. Lucile Bluford, Relator,

vs. No. 35754

S. W. Canada, Registrar of the 
University of Missouri, Defendant.

AFFIDAVIT FOR APPEAL TO SUPREME 
COURT OF MISSOURI

Sidney R. Redmond, of counsel for the re­
lator, first being duly sworn, makes oath and says 
that the appeal prayed for in the above entitled 
cause is not made for vexation or delay, but be­
cause the affiant believes that the appellant is ag­
grieved by the judgment or decision of the Court.

Subscribed and sworn to before me this 31st 
day of May, 1940.

Sidney R. Redmond 
My Commission expires: Sept. 15, 1943.

Harvey V. Tucker
(SEAL) Notary Public.



402

And thereafter, on Friday, the 7th day of 
June, 1940, the same being also one of the days 
of the regular April, 1940, term of this Court, the 
Court granted leave to relator herein to file her 
Bill of Exceptions herein within the time pre­
scribed and allowed by law.

And also on said 7th day of June, 1940, re­
lator called up and presented to the Court her 
application and affidavit for appeal, heretofore 
filed herein on the 5th day of June, 1940, as afore­
said and as fully set out above; whereupon the 
Court doth grant relator an appeal herein to the 
Supreme Cuort of the State of Missouri, as 
prayed.

And now, within the time allowed by law, 
comes the relator, by her counsel, and presents this 
her Bill of Exceptions herein, and prays the Court 
to sign, seal, allow, settle and file the same and 
make it a part of the record in this cause.

And this is accordingly done on this the 19th 
day of November, 1940.

W .  M. D i x w i d d i e

Judge of the Circuit Court, 
County of Boone, State of 
Missouri.



403

This Bill of Exceptions is hereby approved 
and agreed to:

Sidney R. Redmond 
H enry D. E spy 
John A. Davis 
Charles H. H ouston

Attorneys for Relator. 
Rubey H ulen 
K enneth Teasdale 
W illiam S. H ogsett 

Attorneys for Respondent.

On July 11, 1940, appellant caused to be filed 
in the office of the Supreme Court of Missouri a 
certified copy of the record entry of the judg­
ment appealed from in this cause, showing the 
term, day of the term and month and year when 
the same was rendered, together with the order 
of the Court granting the appeal herein and the 
docket fee of Ten ($10.00) Dollars was paid to 
said Clerk and said cause is now pending on appeal 
in said Court.

The foregoing is submitted by appellant as 
and for an abstract of the record in this cause.

Sidney R. Redmond

Henry D. E spy

John A. Davis

Charles H. H ouston

Attorneys for Appellant.





IN D E X

Abstract of the Record.............................. 1
Petition for Writ of Mandamus..................  2
Alternative Writ of Mandamus........................  12
Respondent’s Return to the Alternative

Writ of Mandamus........................................ 21
Relator’s Reply to Respondent’s Return.... 33
Respondent’s Reply to Relator’s Reply to

Respondent’s Return.................................... 38
Trial, Submission and Judgment......................  40
Judgment and Entry...........................................  41
Motion for Rehearing filed................................  42
Motion for Rehearing overruled........................  42
Affidavit and Appeal filed..................... 42, 401
Appeal granted...............................................  42, 402
Bill of Exceptions approved and filed.......  42, 402
Bill of Exceptions......................   43
Appearances ...................................................  43
Memorandum Opinion......................................... 389
Motion for a New Trial....................................... 399
Motion for New Trial overruled.......................  400
Approval of Attorneys.................................   403
Certified Copy of Record Entry filed......... 403

PAGE

RELATOR’S EVIDENCE.

Lucile Bluford:
Direct Examination................................  44
Cross Examination................... ...........  99



II. IN D E X  C ontinued

Re-direct Examination.......................... 182
Re-cross Examination............................  186
Re-direct Examination..—.....................  187

D. H. Davis:
Direct Examination.............................  187
Cross Examination.............................  190

Miss Alberta Hall:
Direct Examination.............................  190

Leslie Cowan:
Direct Examination.............................  214
Cross Examination.....................   218
Re-direct Examination.........................  230

Relator Rested...............................................  250, 388

PAGE

RELATOR’S REBUTTAL EVIDENCE 

Lucile Bluford:
Re-direct Examination..........................  372
Re-cross Examination............................  382

Mrs. Dorothy Davis:
Direct Examination................................  384

Mrs. Ada Franklin:
Direct Examination................................  386

RESPONDENT’S EVIDENCE.

I. C. Tull:
Direct Examination................................  250
Cross Examination................................  265



III. IN D E X  C ontinued

Re-direct Examination..........................  269
Re-cross Examination............................  270

Recalled:
Direct Examination..................    362
Cross Examination...............................  365
Re-direct Examination..........................  367

S. W. Canada:
Direct Examination...............................  271
Cross Examination...............................  273

Recalled:
Further Cross.........................................  372

Frank L. Martin:
Direct Examination...............................  282
Cross Examination...............................  326
Re-direct Examination..........................  358
Re-cross Examination............................  359

Respondent Rested...................................... 372, 388

PAGE

RELATOR’S EXHIBITS.

Exhibit A— Transcript from Kansas Uni­
versity— (Photostat) ............................  48

Exhibit B—Letter to Registrar, Univer­
sity of Missouri by Lucile Bluford,
dated January 4, 1939............................  60

Exhibit C—Letter to Lucile Bluford by 
S. W. Canada, Registrar, University 
of Missouri, dated January 10, 1939.— 61

Exhibit D—Letter to S. W. Canada, Regis­
trar, University of Missouri by Lucile 
Bluford, dated January 11, 1939.......... 62



IV. INDEX Continued

Exhibit E—Letter to Lueile Bluford by S.
W. Canada, Registrar, University of

PAGE

Missouri, dated January 19, 1939....... 63
Exhibit F—Letter to Dean Frank L. Mar­

tin by Virginia Brown, dated January
19, 1939.....................................................  65

Exhibit G—Letter to Virginia Brown by 
Dean Frank L. Martin, dated January
24, 1939.....................................................  66

Exhibit H—Decision of Supreme Court in
Gaines Case (Read in Evidence)......... 68

Exhibit I—Telegram from Lueile Bluford
to F. M. McDavid, dated Feb. 1, 1939.. 71

Exhibit J— Telegram from Eva Benning- 
field, Secretary, to Lueile Bluford,
dated Feb. 2, 1939..................................  71

Exhibit K -l—Letter to President Middle- 
bush, University of Missouri, by Lueile 
H. Bluford, dated February 2, 1939.... 72

Exhibit K-2— Envelope bearing cancelled
Special Delivery and 3-cent Stamps.... 74

Exhibit L—Letter to Lueile Bluford by 
S. W. Canada, Registrar, dated Febru­
ary 4, 1939................................................ 74

Exhibit M—Letter to Mr. S. W. Canada, 
Registrar, University of Missouri, by 
Lueile Bluford, dated August 14, 1939 77

Exhibit N—Letter to Miss Lueile Bluford 
by S. W. Canada, Registrar, dated 
August 16, 1939......................................  78



V. INDEX Continued

PAGE

Exhibit 0 —Letter to Mr. S. W. Canada, 
Registrar, University of Missouri, by 
Lucile Bluford, dated September 8,
1939 ............................. .............................  79

Exhibit P—Letter to President Sherman 
D. Scruggs, and Board of Curators,
Lincoln University, by Lucile Bluford,
dated September 8, 1939........................  80

Exhibit Q—Letter to Lucile Bluford by 
Sherman D. Scruggs, President, Linc­
oln University, dated September 13,
1939 ........................................................... 83

Exhibit R—Letter to Lucile Bluford by S.
W. Canada, Registrar, dated Septem­
ber 13, 1939........... ..................................  84

Exhibit S—Telegram to S. W. Canada, 
Registrar, University of Missouri, by 
Lucile Bluford, dated Sept. 14, 1939—. 87

Exhibit T—Telegram to President Fred­
erick A. Middlebush, University of 
Missouri by Lucile Bluford, dated Sep.
14, 1939.....................................................  88

Exhibit U—Telegram to Mr. Frank Mc- 
David, President Missouri U. Board of 
Curators by Lucile Bluford, dated Sep.
14, 1939.....................................................  88

Exhibit V—Telegram to Lucile Bluford by 
S. W. Canada, Registrar, Univ. Mo.,
dated Sept. 14, 1939................................  89

Exhibit W—Letter to Lucile Bluford by 
Sherman D. Scruggs, President, dated 
October 2, 1939....................................... 90



VI. INDEX Continued

Exhibit X -l and X-2— Copy of Letter 
written by Lucile Bluford, October 6,
1939, to Dr. Frank Lee Martin, Dean,
Faculty of Journalism; Dr. Henry 
Edward Bent, Dean, Graduate Fac­
ulty; Dr. Frederick Arnold Middle- 
bush, President; Frank M. McDavid,
Esq., President Board of Curators;
Mr. S. W. Canada, Registrar, Univer­

PA G E

sity of Missouri..............    91
Exhibit Y—Letter to Miss Lucile M. Blu­

ford by Henry E. Bent, Dean, dated
October 9, 1939........................................  94

Exhibit Z—Letter to President Frederick 
A. Middlebush, University of Missouri 
by Sidney R. Redmond, Attorney and 
Counsellor at Law, dated October 3,
1939 ...........................................................  95

Exhibit AA-1—Letter to Mr. S. R. Red­
mond by F. A. Middlebush, President, 
University of Missouri, dated October
9, 1939........................ ..............................  96

Exhibit AA-2—Envelope ................. - ......... 97
Exhibit BB— Minutes of Board of Cura­

tors of Lincoln University of June
26th, 1939......................................................  191

Exhibit CC—Minutes of Executive Com­
mittee of Board of Curators of Linc­
oln University, page 70................................  197

Exhibit DD—President Scruggs’ report to 
the Board of Curators, Lincoln Uni­
versity, paragraph 10, page 85...................  198



VII. INDEX Continued4

PAGE

Page 87 of Minutes........................  202
Exhibit EE—Minutes of the Meeting of 

the Special Committee on Graduate 
and Professional Courses, Lincoln
University, Dec. 29, 1939......................  205

Exhibit FF—Minutes of the Meeting of 
Board of Curators, Lincoln Univer­
sity, January 16, 1940............................  206

Exhibit GG—Minutes of the Board of Cur­
ators of Missouri University of Feb­
ruary 8th, 1936, pages 1590, 1595-6.....  215

Exhibit HH—Extracts from Minutes of 
Board of Curators of Missouri Univer­
sity, of March 27, 1936, pages 1623a-
1625 ........................................................... 216

Exhibit II—Form of Oath for Curators,
Missouri University................................ 231

Exhibit JJ—File of papers showing appli­
cation of Negro to Journalism School
of M. U. prior to February 8, 1936.......  233

Exhibit KK—Extracts from the Univer­
sity of Missouri Catalogue, Volume 40,
Number 5, Announcements for 1939-40,
March 1, 1939, page 247........................  237

Page 235...........................................  243
Exhibit LL— (Marked) ................................  244
Exhibit LL— Outline for Journalism In­

struction at Lincoln University............. 309
Exhibit MM—University of Missouri En­

rollment Statistics, First Semester 
193940 .....................................................  247



VIII. INDEX Continued

“ The Faculty of Journalism”  set out in 
“ The University of Missouri Bulletin 
—Announcement 1940-41”  (page 8).... 337

The University of Missouri Bulletin, Vol.
39, No. 12, “ Missouri Alumni in Jour­
nalism .......................................................  339

PAGE

RESPONDENT’S EXHIBITS.

Exhibit 1—Letter on Letterhead of “ The
Call”  by Lucile Bluford, dated Dec. 12 105

Exhibit 2—Letter to Attorney Charles H.
Houston by Lucile Bluford, dated Jan­
uary 25, 1939............................................ 106

Exhibit 3—Letter dated January 7, 1939, 
by Lucile Bluford (1st Page Photo­
stat) .........................................................  109

Exhibit 4— Letter to Mr. Charles H. Hous­
ton by Lucile Bluford, dated January
30, 1939.....................................................  110

Exhibit 5— Telegram to Miss Lucile Blu­
ford by Thursgood Marshall, dated
Feb. 1, 1939.......................... ...................  110

Exhibit 6—Telegram to Miss Lucile Blu­
ford, by Thurgood Marshall, dated
Feb. 1, 1939.............................................. 110

Exhibit 7— Telegram to Miss Lucile Blu­
ford by Charles Houston, dated Feb.
1, 1939.......................................................  I l l

Exhibit 8—Letter to Mr. Houston by Blu­
ford ...........................................................  112



IX. INDEX Continued

Exhibit 9 and 10—Letter to Mr. Thurgood 
Marshall by Lucile Bluford, dated
Feb. 2, 1939.............................................  113

Exhibit 11—Letter to Lucile Bluford by 
Thurgood Marshall, dated Feb. 6, 1939
(Photostat) .............................................  115

Exhibit 12—Letter to Lucile Bluford by
Charles Houston, dated May 4, 1939.... 115

Exhibit 13—Letter to Mr. Charles H.
Houston by Lucile Bluford on Letter­
head of “ The Call” , dated May 13,
1939 ........................................................... 116

Exhibit 14— Editorial appearing in “ The
Call”  February 10, 1939......................  128

Exhibit 15—Editorial appearing in “ The
Call”  February 17, 1939......................  131

Exhibit 16— Editorial appearing in “ The
Call”  March 10, 1939..............................  131

Exhibit 17—Editorial appearing in “ The
Call”  March 17, 1939..............................  134

Exhibit 18-—Editorial appearing in “ The
Call”  March 24, 1939..............................  138

Exhibit 19— Editorial appearing in “ The
Call”  March 24, 1939..........      140

Exhibit 20—Editorial appearing in the is­
sue of March 31, 1939............................  145

Exhibit 21—Editorial appearing in the is­
sue of April 21, 1939..............................  147

Exhibit 22—Editorial dated April 28th,
1939 ........................................................... 148

Exhibit 23—Editorial appearing on front
page of “ The Call”  April 29, 1939.... 151

PAGE



X. INDEX Continued

PAGE

Exhibit 24— Article by Lueile Bluford ap­
pearing in the Kansas City Call of
February 3rd, 1939................................  158

Exhibit 25—Complaint and Summons, Lu- 
cile Bluford vs. S. W. Canada,—Civil
Action No. 42.......................................... 168

Exhibit 26'— (Marked) ..................................  181
Exhibit 27—By-Laws of the Board of Cur­

ators, Missouri University..................... 219
Exhibit 28—Ledger Sheet (Photostat)....  251
Exhibit 29—Ledger Sheet (Photostat)....  252
Exhibit 30—Ledger Sheet (Photostat)..... 253
Exhibit 31—Ledger Sheet (Photostat)..... 254
Exhibit 32—Ledger Sheet (Photostat)....  255
Exhibit 33—Budget by Board for New

Departments ............................................ 257
Exhibit 34— Portion of Minutes of Meet­

ing of Executive Board and Special 
Committee of Board of Curators of
Lincoln University..................................  260

Exhibit 35—Outline for Journalism In­
struction at Lincoln University............. 283

Exhibit 36'—Outline for Program of Grad­
uate Study in Journalism at Lincoln
University .............................................. 294, 300

Exhibit 37— Copy of telegram sent to sev­
en institutions,—Inquiry for profes­
sors available to teach Journalism at
Lincoln University..................................  302

Exhibit 38— Copy of telegram—Response



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