Nixon v. Condon; Lane v. Wilson; U.S. v. Classic Records and Briefs

    IN  T H E

Supreme Court of the United States
October Term, 1948

No.

HEMAN MARION SWEATT,

vs.
Petitioner,

THEOPHILIS SHICKEL PAINTER, ET AL.

APPENDIX TO PETITION AND BRIEF IN SUPPORT 
OF PETITION FOR WRIT OF CERTIORARI TO THE 

SUPREME COURT OF THE STATE OF TEXAS

W . J . D u rh a m ,
W illiam  H . H astie,
W illiam  R . M ing , J r ., 
J ames M . N abrit, J r ., 
T hurgood M arshall,

Attorneys for Petitioner.
R obert L. Carter,
E. B. B unkley , Jr.,
H arry B ellinger,
U. S. T ate,

Of Counsel.

A nnette  H . P eyser,
Research, Consultant.



IN  TH E

Supreme Court of the United States
October Term, 1948

No.

HEMAN MARION SWEATT,

vs.
Petitioner,

THEOPHILIS SHICKEL PAINTER, ET AL.

A ppendix to P etition  F oe W rit  op Certioraei 
To T he  S upreme Court op th e  S tate op T exas

i



11

APPENDIX

The following data constitute a portion of a compre­
hensive and definitive study which demonstrates the type, 
quality, and quantity of the educational facilities available 
under the “ separate but equal”  formula.

The source material for this study is based upon publi­
cations of the United States Department of Education, 
publications of other government agencies and bodies, as 
well as articles which have appeared in accredited journals 
of education.

This portion of the study, which emphasizes the edu­
cational inequalities on the higher and professional levels, 
is filed to give this Court a true picture of “ separate but 
equal”  education.

In the seventeen southern states and the District of 
Columbia, separate schools are mandatory under law. Of 
the remaining thirty-one states, in all but a few segregated 
schools are not legal or are actually illegal.1

Approximately ten million or 77% of all Negroes in the 
United States live in the southern region, admittedly the 
most economically backward section of the country. This 
backwardness is overwhelmingly due to the maintenance of 
segregation and a caste system which relegates all Negroes 
to a position lower than the lowest white. The adamant 
stand which the South has taken against the training and 
utilization of 22.3% of its human resources, by depriving

1 Reddick, L.D. “ The Education of Negroes in States Where 
Separate Schools Are Not Legal,” The Journal of Negro Education, 
Summer 1947, Vol. XVI, No. 3, p. 296. The seventeen states requir­
ing segregation are: Alabama, Arkansas, Delaware, Florida, Georgia, 
Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Caro­
lina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West 
Virginia, and the District of Columbia.



I ll

its Negro citizens of a fair and equal share of one of the 
basic democratic rights—the right to a good education— 
means that this right is denied to the very people it seeks 
to protect. As President Truman’s Commission on Higher 
Education has phrased i t : 2

Segregation lessens the quality of education for 
the whites as well. To maintain two school systems 
side by side—duplicating even inadequately the 
buildings, equipment, and teaching personnel— 
means that neither can be of the quality that would 
be possible if all the available resources were devoted 
to one system, especially not when the States least 
able financially to support an adequate educational 
program for their youth are the very ones that are 
trying to carry a double load.

Thus every southerner suffers from lowered educational 
standards, Negroes most severely. Every southerner suf­
fers because the maintenance of this dual system demands 
that a large percentage of state tax-monies be diverted 
away from other fields where it is vitally needed and where 
it rightfully belongs. And subsequently the whole nation 
suffers because it is bereft of potential talent left unde­
veloped.3

Although educational inequities result from segregated 
education on every level, it is in the field of higher edu­
cation that the results are most easily viewed.

2 Higher Education for American Democracy, Report of the 
President’s Commission on Higher Education, Government Printing 
Office, Washington, D. C., 1947, Vol. I, p. 34.

3 “We believe that federal funds, supplied by taxpayers all over 
the nation, must not be used to support or perpetuate the pattern of 
segregation in education, public housing, public health services, or 
other public services and facilities generally . . .  it believes that 
segregation is wrong morally and practically and must not receive 
financial support by the whole people.” To Secure These Rights, 
recommendation V of the President’s Committee on Civil Rights,
p. 166.



IV

H igher E ducation

The amount and the degree of opportunity, and the ex­
tent to which facilities for higher education are available, 
are probably the best indices to the educational environ­
ment of an area. They reflect the value that the community 
places in the education and the maximum achievement of 
its people, as well as indicating the general economic and 
social conditions of the community itself.

In the 17 states and the District of Columbia, there are 
530 institutions of higher learning for whites, 192 public 
colleges and universities supported by state and federal 
funds included. Institutions for Negroes number 104 in­
cluding 39 supported by public funds.4 5 Whereas Negroes 
are 22.3% of the southern population, they have but 16.4% 
of the total number of institutions providing higher educa­
tion in the southern region. More indicative, they have but 
16.9% of those supported at public expense, although their 
need is proportionately greater. Their proper * share 
(22.3%) would entail providing 48 more colleges and uni­
versities, 16 to be supported as public institutions.

What does this mean in terms of manpower? 1947 saw 
an unprecedented enrollment in colleges and universities 
throughout the country with a total of 2,338,226 students 
attending classes. 683,235 of these students were enrolled 
in southern institutions, making a ratio of students to popu­
lation of 1 :66.5 for the region.®

4 Educational Directory, Part 3, “ Colleges and Universities,” U. S. 
Office of Education, Washington, 1947.

* By “proper share” we are in no way suggesting a quota, but are 
using the population as a means of measuring the adequacy and in­
adequacy of facilities and provisions made for the education of Negro 
citizens.

5 1947 Fall Enrollment in Higher Educational Institutions, U. S. 
Office of Education, November 10, 1947 (Circular No. 238).



V

Enrolled in institutions supported at public expense 
were 57.9% of the white students in the South and 54.3% of 
the Negro students, while Negroes were only 10.3% of the 
total benefiting from these public facilities. Furthermore, 
only 5.5% of all expenditures for public institutions in the 
South were for Negro colleges and universities.6 The per­
cent of Negro students in public institutions should have 
been more than doubled and expenditures quadrupled were 
they receiving benefits equal to those extended to white 
students.* *

Further examination of the data reveals that there 
are more institutions both public and private (except in 
Delaware) for the use of whites than for Negroes, and which 
are consequently more geographically spaced, thereby mak­
ing the facilities more readily accessible.

A  comparison of the South with the rest of the country 
shows further what the duplicated facilities of segregation 
mean. Whereas the South maintains more universities and 
colleges per 1,000 population than the rest of the nation, its 
ability to support them is far less. It may be noted that 
even with more institutions, a smaller percentage of the 
South’s population as compared with the rest of the coun­
try had in 1940 completed four or more years of college. In 
1947, there was one student in a southern college or uni­
versity for every 66.5 persons in the South, while in the 
North and West there was one student for every 52 persons 
in the population.

6 Mordecai W. Johnson, Hearings Before Subcommittee on Ap­
propriations, House of Representatives, 80th Congress, February 24, 
1947, p. 145.

* It is interesting to note that the enrollment in New York Uni­
versity in the fall semester of 1947 was 46,312. This is a larger stu­
dent body than the total enrollments in 15 of the individual southern 
states and the District of Columbia. Only Missouri and Texas had 
larger state-wide enrollments than that for this single Northern uni­
versity. In this connection, it should also be borne in mind that the 
great majority of northern Negroes find it necessary, in the face of 
restrictive quotas, to go South for their college education.



VI

We have already indicated the general state of educa­
tion prevailing in the southern states. The following data 
constitute a specific and graphic demonstration of the in­
equities in segregated education.7

1. Southern Negroes are 7.7% of the total United States 
population, yet they have only 6.1% of all institutions 
of higher education in the country. Southern whites 
are 26.7% of the total population, yet they have 
31.2% of all the colleges and universities in the coun­
try.

2. The South spends 22.3% of all money expended for 
higher education in the country, yet Negroes get only 
1.8% of this money, while southern whites get 20.5%.
The average expenditure for southern universities 
and colleges (even including the Negro institutions) 
is over twice the amount spent for the average Negro 
institution. Whereas $4.28 is spent per capita white, 
only $1.32 is spent per capita Negro population.*
In only 3 states and the District of Columbia does the 
number of Negroes enrolled in publicly supported in­
stitutions constitute a reasonable percentage of all 
students benefiting from such educational provisions 
in anything like what their proportion in the popu­
lation warrants.

0% 10 20 30 40 50 60 70 80
1 1 1 1 1 1 I 1 1 90 100% 

1 1
Population lllllllllilllill....... Illllllllllllllllllllll........ ............ ...
Institutions ................................ ................. m m m
Expenditures .. ..............iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii....w m m am m

o%
North and West 
South: White 
South: Negro

10 20 30 40 SO 60 70 80 90 100%

7 Sources:
The Educational Directory, 1946-47, III, p. 7.
16th Census: 1940, Population, 2nd Series, U. S. Sum­

mary, p. 47.
The Journal of Negro Education, Summer 1947, p. 468. 
Statistics of Higher Education, 1943-44, p. 70.

* For further data see Charts at the end of Appendix.



vii

It might be asked just how the South manages to sup­
port this dual system of education? The answer is self- 
evident : by means of segregation which has resulted in the 
practice of extensive discrimination as the above charts 
indicate. For example, if expenditures in the public insti­
tutions for Negroes were equalized on a per capita popu­
lation basis, an additional $19,000,000 would have to be 
spent for higher education alone. This would raise the 
present total expenditures 463%.

Present Share

Proper Share

6 U 12% IStt 25

(in millions of dollars)

Expenditures for Educational Purposes in Public and 
Private Colleges and Universities in the 17 States and 

the District of Columbia: 1943-44.®

White Institutions Negro Institutions
Expenditures:

Total $150,622,000 $13,438,000
Private 65,033,000 8,149,000*
Public 85,591,000 5,289,000

% of all money expended:
Total 91.8% 8.2%
Private 88.9% 11.1%
Public 94.2% 5.8%

Expenditure per student—■
Total $479.46 $393.16

Expenditure per capita 
population:

Total $4.28 $1.32
Public 2.42 .52

College Enrollment:
Total 90% 10%

* Negro private institutions carried about a 50% heavier lead in 
terms of expenditures than did private institutions for whites.

9 Adapted from Jenkins, Martin D., “ The Availability of Higher 
Education for Negroes in the Southern States,” The Journal of Negro 
Education, Op. Cit., pp. 466.



V l l l

At present, the situation is such that Negro private insti­
tutions must carry an undue burden in the attempt to fur­
nish educational facilities and opportunities to those who 
would otherwise be deprived of advanced training. This 
process will continue until such time as the southern states 
realize that the “ equal but separate doctrine”  is economi­
cally, and more important, educationally unsound.

The following excerpt from the testimony ottered by Dr. 
Mordecai W. Johnson, President of Howard University, 
speaks for itself: 10 * *

In states which maintain the segregated system of 
education there are about $137,000,000 annually spent 
on higher education. Of this sum $126,541,795 (in­
cluding $86,000,000 of public funds) is spent on insti­
tutions for white youth only; from these institutions 
Negroes are rigidly excluded. Only $10,500,000 
touches Negroes in any way; in fact, as far as state 
supported schools are concerned, less than $5,000,000 
directly touches Negroes. . . . The amount of money 
spent on higher education by the state and federal 
government for Negroes within these states is less 
than the budget of the University of Louisiana (in 
fact only sixty-five per cent of the budget), which is 
maintained for a little over 1,000,000 people in Louis­
iana. That is one index; but the most serious index 
is this: that this little money is spread over so wide 
an area and in such a way that in no one of these 
states is there anything approaching a first-class 
university opportunity available to Negroes.

In the face of such facts, the amount of money expended 
for education assumes extreme importance, becomes, indeed, 
so basic to the quality of said education in terms of faculty, 
physical plant, educational equipment and curricular scope, 
that it renders one as unwilling as he is unable to credit the

10 Johnson, Dr. Mordecai W., Hearings Before Subcommittee on
Appropriations, House of Representatives, 80th Congress, February
24, 1947.



IX

claim made by the southern states that their separate 
schools are equal in all respects to those furnished for 
whites.

O x  the  Gbadtjate L evel

A  well-known educator recently wrote:12 “ The pro­
vision of higher and professional educational opportunities 
for Negroes is relatively little better today than fifteen 
years ago.”  This statement is even more graphic when 
viewed contextually: it is mainly within the last fifteen 
years that higher and professional education and training 
have assumed their broad importance. In the present day 
and age of specialization and demand for technical skills, 
there is no institution in the South where a Negro may 
pursue work leading to a doctorate. The opportunities for 
whites are vastly different: doctorates are offered in a pub­
lic institution in each of the 17 states as well as in a private 
institution in 12 states and the District of Columbia.

There are two accredited schools of medicine for 
Negroes in the South, but there are twenty-nine for 
whites.
There are two accredited schools of pharmacy for 
Negroes in the South, but there are twenty for 
whites.
There are two (one provisionally accredited) schools 
of law for Negroes in the South, but there are forty 
for whites.
There is no accredited school of engineering for 
Negroes in the South, but there are thirty-six for 
whites.

The chart on the following page demonstrates these 
facts graphically.* * 18

12 Thompson, Charles H., The Journal of Negro Education,
Howard University Press, Fall Issue, 1945, Vol. XIV, p. 267.

18 Educational Directory, 1946-7. The quote is from Higher Edu­
cation for American Democracy, Vol. I, p. 36, Op. Cit.



Four Year Institutions Supported at Public Expense, Offering Training 
in Specified Fields with Departments Accredited by Their 

Respective Professional Association: 1946-7.14

W hite :
Law Medicine Dentistry Engineering Pharmacy

Alabama 1 2 1
Arkansas 1 1 1
Delaware 1
D. C.
Florida 1 1 1
Georgia 1 1 1 1
Kentucky 2 1 1 2
Louisiana 1 1 1
Maryland 1 1 1 1 1
Mississippi 1 1 1 1
Missouri 1 1 (2 yr. course) 1
N. Carolina 1 1 (2 yr. course) 1 1
Oklahoma 1 1 2 1
S. Carolina 1 1 3 2
Tennessee 1 1 1 1 1
Texas 1 1 1 * 3 1
Virginia 2 2 1 3 1
West Virginia 1 1 (2 yr. course) 1 1

T otal : 18 15 5 26 13

14 Source: Educational Directory, Part 3, Colleges and Universities, U. S. Office 
of Education, 1947.

* Provisionally accredited, or accredited with some reservation, or admitted on 
probation.



X I

N egro :

Law Medicine

Alabama
Arkansas
Delaware
D. C. 1
Florida
Georgia
Kentucky
Louisiana
Maryland
Mississippi
Missouri 1 *
N. Carolina
Oklahoma
S. Carolina
Tennessee
Texas
Virginia
West Virginia

T o t a l : 2

1

Dentistry Engineering Pharmacy

1 1

1

1 0 2

14a Source: Educational Directory, Part 3, Colleges and Universities, U. S. 
Office of Education, 1947.

A ccrediting  A ssociations :
Law: The American Bar Association 
Medicine: The American Medical Association
Dentistry: The Council on Dental Education of the American Dental Association 
Engineering: The Engineers’ Council for Professional Development 
Pharmacy: The American Council on Pharmaceutical Education, Inc.



X ll

The paucity of institutions offering opportunities for 
Negroes to pursue graduate and professional work in the 
South, coupled with the quota * system of Northern colleges 
and universities, has resulted in a serious curtailment of 
the number of highly-skilled Negro physicians, lawyers, 
engineers, etc. In 1940 there was one skilled Negro and 
white out of the following number of the South’s Negro and 
white population, respectively: 15

Profession White Negro
Doctors: 843 4,891
Lawyers: 702 27,730
Dentists: (male) 2,589 13,425
Engineers: (male) 655 142,944
Pharmacists: (male) 1,711 25,246

* The President’s Commission on Higher Education comments:
“ The Quota System. At the college level a different form of 
discrimination is commonly practiced. Many colleges and uni­
versities, especially in their professional schools, maintain a se­
lective quota system for admission, under which the chance to 
learn, and thereby to become more useful citizens, is denied to 
certain minorities, particularly to Negroes and Jews.

“ This practice is a violation of a major American principle and 
is contributing to the growing tension in one of the crucial areas 
of our democracy.

“ The quota, or numerous clausus, is certainly un-American. . . .
“ The quota system denies the basic American belief that intelli­
gence and ability are present in all ethnic groups, that men of 
all religious and racial origins should have equal opportunity 
to fit themselves for contributing to the common life.

“ Moreover, since the quota system is never applied to all groups 
in the Nation’s population, but only to certain ones, we are 
forced to conclude that the arguments advanced to justify it are 
nothing more than rationalizations to cover either convenience 
or the disposition to discriminate. The quota system cannot be 
justified on any grounds compatible with democratic principles.” 
Higher Education for American Democracy, A Report of the 
President’s Commission on Higher Education, Government 
Printing Office, Washington, D. C., December, 1947, p. 35.

15 16th Census; 1940, Population, Labor Force.



Xlll

These are the results of segregated education. Broken 
down by individual states, the figures show up in even 
sharper relief (see Appendix Chart Y  for this data).

The implications of the figures presented above are ex­
tremely serious. The fallacy that Negroes are not desirous 
or capable of absorbing and utilizing specialized training 
has often been voiced by people from all parts of our nation. 
The findings of such sciences as anthropology, sociology, 
and psychology, however, refute these arguments. The 
fact is that the opportunities for Negroes are too limited 
and too few, in these and other fields as well. As a southern 
educator has recently phrased it: “ They don’t teach us 
what they blame us for not knowing. ’ ’ 16 That Negroes want 
the benefits of more and better education is evidenced by 
recent court cases, by the great increase in enrollments in 
Negro institutions, and by reports from the schools them­
selves. Howard University for the present school year 
stated that the total enrollment was over 7,000. The medical 
school which can accommodate 70 freshmen had to turn 
down 1,180 ably qualified applicants. The pharmacy and 
dentistry schools which can each accommodate 50 had over 
700 and 500 applicants, respectively.17 And Howard, it must 
be remembered, is the only public institution in the South 
where Negroes can get professional training in these fields. 
These conditions would seem to apply to other schools as 
well.*

However, the case for the extension of equal educa­
tion for the Negro rests only in part upon his equal 

______ educability. The basic social fact is that in a democ-
16 Quoted in Fred H. Hechinger’s column, The Washington Post, 

March 7, 1948.
17 The Crisis, November, 1947, p. 324.
*85% of all Negro doctors and 90% of all Negro dentists are 

trained at Howard and Meharry, report Henry and Katherine Pringle, 
“ The Color Line in Medicine,” The Saturday Eveninq Post, Tanuary 
24, 1948.



X IV

racy his status as a citizen should assure him equal 
access to educational opportunity.* 18

E ducational Opportunity

Dr. Charles H. Thompson, Dean of the Howard Grad­
uate School, reviewing the limited number of trained Negro 
professionals, remarks: 19

Whatever other inferences may be drawn from the 
facts . . . one of the most important and inevitable 
conclusions is that Negroes in the separate school 
systems of the 17 states and the District of Columbia 
which require racial segregation have been the vic­
tims of gross discrimination in the provision of edu­
cational opportunities. On the whole Negroes have 
had only about one-fourth the educational oppor­
tunity afforded to whites in the same school systems, 
as indicated by the product turned out.

White WMmmmmwmmmmmm,
Negro h h h h

j, 1 i 1 I 1 1 1 1 1 J 1 1 1 1 1 1 1 I I 1

The following quote demonstrates some of the results 
of the conditions described above :

In the 17 states and the District of Columbia the 
median years of schooling for the white population 
was 8.4; for Negroes the median was 5.1; with a range 
for the whites running from 7.9 in Kentucky to 12.1 
in the District of Columbia; and for Negroes from 
3.9 in Louisiana to 7.6 in the District of Columbia. 
Some 13.2% of the white population had completed 
4 years of high school as compared with only 2.9% 
of the Negroes; 12.1% of the whites had had some

18 Higher Education for American Democracy, Op. Cit., Vol. II, 
p. 30.

18 Thompson, Charles H., The Journal of Negro Education,
Howard University Press, Vol. XVI, Summer, 1947, p. 265.



X V

college education, as compared with only 2.5% of the 
Negroes; and 4.7% of the white population had had 
4 or more years of college as contrasted with only 
1.1% of the Negroes. There were, therefore, 4 times 
as many whites as Negroes with a high school or 
college education in these states which require racial 
segregation by law.20

Although it is on the higher and professional levels of 
education that the inequities resulting from a segregated 
system can best be demonstrated, there are some differ­
entials in the indices of education which show up most 
graphically in the lower or primary levels. The following 
pages will demonstrate some of these differentials.

Inequities in Lower or Primary Education

T he  T ax-P ay ee ’s D ollae

White

Negro

$*o I 1 I
25

I - 1 I
50 1 1 1 1 1 100

The tax-payer’s dollar for public education in the South 
is divided between the schools for white children and the 
schools for Negro children. The average expense per white 
pupil in ten southern states in 1944-5 was 189% greater 
than the average expense per Negro pupil. Specifically, the 
tax-payer paid $88.70 to educate his white citizens and only 
$46.95 to educate his Negro citizens.

20 Thompson, Op. Cit., p. 264.



X V I

A verage E xpenditure P er P u pil  in  A verage 
D aily  A ttendance : 1944-5 21

State White Negro % White is Greater

Alabama $68.07 $27.62 246%
Arkansas $59.63 $27.22 219%
D. C. (1947) $160.21 $126.52 127%
Florida $108.02 $54.88 197%
Georgia $88.13 $27.88 316%
Louisiana $113.30 $34.06 333%
Maryland $78.00 $69.00 113%
Mississippi * $45.79 $10.10 453%
North Carolina $74.86 $59.26 126%
South Carolina $90.00 $33.00 273%

A verage : $88.70 $46.95 189%
* Per pupil enrolled.
The value of school property in 8 southern states * in 

1944-5 amounted in all to $867,960,280.21 22 Distributed, it 
looks like this:

(in millions of dollars)

Negroes

$o 100 200
I

300 I I I
400 500 600 700 800 900 1000

On a per capita basis of enrolled students, the picture looks 
like this:

White child

Negro child

25 50 75 100 125 150 175 200 225 250

In other words, 427.6% more was invested for each white 
pupil than for each Negro pupil.

21 The Journal of Negro Education, Howard University Press, 
Vol. XVI, Summer, 1947, passim.

* The eight states: Ala., Fla., Ga., Md., Miss., N. C., S. C., Tex.
22 Washington, Alethea H., The Journal of Negro Education, 

Howard University Press, Summer Issue, Vol. XVI, 1947, p. 446.



X V II

A verage V alue of S chool P roperty P er P u pil  E nrolled :
1944-528

State White Negro % White is Greater

Alabama $143.00 $29.00 493%
Arkansas ** $142.87 $42.59 335%
Florida $284.11 $59.76 475%
Georgia $160.00 $35.00 457%
Louisiana ** $281.97 $50.29 561%
Maryland ** $364.06 $163.69 222%
North Carolina $203.80 $73.08 279%
South Carolina $204.00 $40.00 510%
Texas $230.25 $76.79 300%
Virginia ** $221.51 $85.54 259%

** Data for these states is for 1943-4.

T eachers ’ S alaries

$0 200 400 600 800 1000 1200 1400 1600 1800 2000
I I i I I I I I I I I

The amount of salary paid teachers is an important 
factor in securing and holding capable teachers. In 1944-5 
average salaries for teachers in the South were $1,513.57 
for whites and $1,187.28 for Negroes.* * The differential in 
the average for whites and Negroes amounted to $326.29, 
or phrased differently, the average salary per white was 
127.5% greater than that per Negro.

23 The Journal of Negro Education, Summer, 1947, passim, and 
Statistics of State School Systems, 1943-44.

* The salary paid Negroes in 1944-5 is lower than the average
salary paid to all teachers in the United States in 1933-34.



XV111

A verage A n n u a l  T each ers  S alaries  : 1944-45 24

State White Negro % Wkite is Greater

Alabama $1,185.50 $ 784.50 158%
Arkansas 1,020.00 624.00 163%
Delaware 1,953.00 1,814.00 108%
Florida 1,757.07 1,174.34 150%
Georgia 1,130.00 540.00 209%
Kentucky 1,085.00 (medians) 1,225.00

208%Louisiana 1,683.33 810.98
Maryland ** 2,085.00 2,002.00 104%
Mississippi 1,018.01 407.81 250%
Missouri 1,239.00 1,519.00
North Carolina 1,294.50 1,305.59
Oklahoma ** 1,428.00 1,438.23
South Carolina 1,314.00 785.50 167%
Tennessee 1,147.36 1,087.88 105%
Texas 1,627.00 1,136.00 143%
Virginia ** 1,364.00 1,129.00 121%
West Virginia
D. C. 3,400.00 3,400.00

A v e r a g e : 1,513.57 1,187.28 127.5%
** Data for these states is from Statistics of State School

Systems, 1943-44. 
n.b.

K y.: Heavy concentration of Negro teachers in wealthier city 
districts accounts for higher salaries.

M o.: Most Negro teachers are in the 2 largest cities where both 
groups are paid higher salaries than elsewhere in the 
state.

N. C .: Both groups are paid by the same salary schedule. Negroes 
are either better trained or have greater employment 
stability.

Tenn.: Negroes had .39 more college years of training.
D. C .: These salaries are estimates. Salary range is from 

$3,150-3,750.
Negro students, as reported for 1943-44, received only 

$1,349,834 (10 states reporting) out of a total of $43,448,777 
spent by these states to take their children to and from 
school. Negro students, who in that same year comprised 
25% of the school population in the South, received only 
3.1% of all funds spent for transportation purposes. 24

24 The Journal of Negro Education, Howard University Press, 
Vol. XVI, Summer, 1947, passim.



25 50

% of school population 

°/o of funds for transportation
I - I I

0% 25 50

Whereas $6.11 is spent on an average per white child, only 
$.59 is similarly spent on each Negro child.25 26 This means 
that even when the schools exist, Negro children encounter 
far greater difficulties in reaching them.

T ran spo r tatio n  E x p e n d it u r e : 1943-4426
State White Negro White Negro

(total) (total) (per capita enrolled student)

Alabama $ 2,520,102 $ 179,927 $ 6.09 $ .79
Arkansas 1,508,979 107,083 5.01 1.07
Delaware 311,064 9.05
D. C. 15,271 .28
Florida 1,589,182 106,168 6.18 1.08
Georgia 2,777,531 71,523 6.52 .28
Kentucky 1,961,947 4.02
Louisiana 3,389,131 12.58
Maryland 1,370,715 231,846 6.10 3.91
Mississippi 3,170,384 60,000 11.52 .22
Missouri 4,270,391 7.31
North Carolina 2,304,334 392,157 4.05 1.53
Oklahoma 2,464,424 192,449 5.77 5.28
South Carolina 1,410,421 8,681 5.66 .04
Tennessee 2,050,277 4.07
Texas 5,888,904 397,663 5.64 1.99
Virginia 2,702,596 6.89
West Virgina 1,995,627 5.20

T o t a l : $42,098,943 $1,349,834 $ 6.11 $ .59

The pattern of inequities resulting from segregation is 
uniform throughout the seventeen southern states and the

25 Statistics of State School Systems, Government Printing Office, 
Wash., D. C., 1943-44.

26 Ibid.



X X

District of Columbia. In order to demonstrate briefly that 
these conditions pertain in Texas, a few data are included 
to show the inequities in the lower and higher levels of 
education.

E ducational F acilities in  th e  S tate of T exas

Despite the fact that petitioner’s State of Texas is a 
relatively wealthy state, the white median distribution of 
state-supported Negro classrooms is 200% greater than the 
Negro median.27 If as much money was spent on the aver­
age Negro classroom unit as there was for whites, Texas 
would have to spend an additional $5,320,000 on its 7,600 
Negro units.

The military rejection rates for failure to pass minimum 
“ intelligence”  standards in the war period of June-July 
1943 showed great differentials between the rates for whites 
and Negroes. In Texas 10.4% of whites were rejected for 
this reason, while the comparative figure for Negroes was 
20.5%.28 In 1940 the functional illiteracy in the State of 
Texas was 16% for whites, but 36.4% for Negroes. Simi­
larly, Texas spent $92.69 in 1947 to educate each white child, 
but only $63.12 to educate each Negro child.29 Money in­
vested in school property shows a similar pattern; Texas 
in 1944 invested $230.25 for each white child and $76.79 for 
each Negro child.30

The length of a school term is another index for good 
educational standards. In 1943-44 the average school term 
for Negroes in Texas was 7.7 days shorter for Negroes than 
it was for whites. (This is one-third of a school month.)31

27 Norton, John K., and Lawler, Eugene S., An Inventory of 
Public School Expenditures in the United States, Vol. I, pp. 91, 97.

28 The Black and White of Rejections for Military Service, Ameri­
can Teachers Associations Studies, 1944, p. 6.

29 The Negro Yearbook, 1947, Tuskegee Institute, p. 76.
30 Statistics of State School Systems, Government Printing Office, 

AYash., D. C., 1943-44.
81 Ibid.



X X I

A  one-teacher, one-room type of school is ordinarily not the 
optimum condition under which to study. In Texas 68% 
of the schools for whites were of this type, but the figure 
for the Negro child was 81%. The amount of money spent 
for school transportation for each white child was $5.64, 
whereas only $1.99 was spent for each Negro child.

The present state of higher education in Texas follows 
the same patterns of discrimination established on the lower 
levels. Certain examples typify how state and federal 
funds allocated for the purpose of higher education are dis­
proportionately channeled into the institutions for whites 
only.

1. In Texas, the highest salary paid a full professor at 
Prairie View University (Negro) is lower than the 
salary paid (one exception) in any of the 13 other 
public institutions for whites.32

2. Texas: “ Public institutions for Negroes do not have
as many students enrolled as the private 
institutions. Only 39.8 per cent of all Negro 
students enrolled in Texas colleges in 1929 
were attending public institutions. This fig­
ure increased to 45.2 per cent in 1944. As 
far as enrollment is concerned, the burden of 
higher learning for Negroes is actually being 
carried for Texas by the Negro private col­
lege. __Five public and two private colleges
offer courses in engineering for white stud­
ents. There is no engineering course for 
Negro students in Texas. One public and 
one private college offer medicine to white 
students. There is no medical school for 
Negro students in Texas. With the exception 
of teacher-training, nursing, and Divinity, no 
professional training is available to Negroes 
within the state. ’ ’ 83 * 38

32 See testimony of Dr. Charles H. Thompson in Record of this 
case, p. 262.

38 The Journcil of Negro Education, Summer, 1947, p. 431.



X X II

Petitioner has submitted this appendix in order to show 
a factual picture of the inequities which have and do result 
under a segregated system of education. This picture, as 
well as the general pattern of segregation, leads us to agree 
with this statement from the Report of the President’s Com­
mission on Higher Education:

“ We have proclaimed our faith in education as a 
means of equalizing the conditions of men. But there 
is grave danger that our present policy will make it 
an instrument for creating the very inequalities it 
was designed to prevent. If the ladder of educa­
tional opportunity rises high at the doors of some 
youth and scarcely rises at all at the doors of others, 
while at the same time formal education is made a 
prerequisite to occupational and social advance, then 
education may become the means, not of eliminating 
race and class distinctions, but of deepening and 
solidifying them.
“ It is obvious, then, that free and universal access 
to education, in terms of the interest, ability, and 
need of the student, must be a major goal in Amer­
ican education. ’ ’ 34

34 Higher Education for American Democracy, A  Report of the 
President’s Commission on Higher Education, Government Printing 
Office, Washington, D. C., December, 1947, Vol. I, p. 36.



XX111

Public Institutions of Higher Education: Texas, 1945-46

Appendix Chart I

W  kite
Prairie View 

(Negro )

% of population 85.7% 14.3%
Number of institutions * 15 2
% of institutions 88.2% 11.8%
Value of plant & equipment ** $72,790,097 $4,170,910

Value per capita population $12.88 $4.71
Total expenditures $32,007,219 $871,678

Expenditure per capita 
population $5.85 $.94

State & Federal appropriation $17,712,820 $297,318
Appropriation per capita 

population $3.23 $.32
Total Current income $33,912,086 $914,141
Library expense per year $577,093 $19,720
Number of faculty *** 2,133 (av. 178) 118

Total salaries $8,504,031 $253,133
Average salary $3,987 $2,145

Number of students *** 43,040 1,576
% of all students in public 

institutions 96.5% 3.5%

* Unless otherwise indicated these figures are based on 13 insti­
tutions for whites and one for Negroes. Data for the others 
is not available (Thompson).

** The figure for whites is based on only 11 institutions.
*** The figures for whites are based on 12 institutions.

Data is from reports from the U. S. Office of Education, Form 
SRS-21.0-46, Parts I and II.



X X IV

Appendix Chart II

Total Institutions of Higher Learning

North & W  est

% of total U. S. 
population 65.5%

Total number of 
institutions 1066

% of all institutions 64.7%
1 institution per every 

............. population 80,978.0
Total expenditures * $573,074,370
% of total expenditures 77.7%
Expenditure per capita 

population $6.66
Average expenditure per 

institution $537,593
% of total population 

with 4 or more years 
of college ** 2.9%
% of respective 

population

South
Total Negro White

34.5% 7.7% 26.7%

634 104 530
37.3% 6.1% 31.2%

71,524.9 97,586.6 66,410.9
$164,060,000 $13,438,000 $150,622,000

22.3% 1.8% 20.5%

$3.61 $1.32 $4.28

$258,770 $129,212 $284,192

2.0% 0.1% 1.9%

0.5% 2.5%

Sources:
The Educational Directory, 1946-47, III, p. 7.
16th Census: 1940, Population, 2nd Series, U. S. Summary, p. 47.
The Journal of Negro Education, Summer 1947, p. 468.
Statistics of Higher Education, 1943-44, p. 70.

* Since the expenditures for 137 institutions (56 in the South, 81 in the North 
and West) were not reported, we made an average of those reporting per insti­
tution ($443,608.45), making an additional $59,404,358 thereby changing the total 
to $737,134,370 spent on higher education in the United States in 1943-44.

** Percent for the country as a whole is 2.6%.



X X V

Appendix Chart III 
Length of School Term: 1943-44

State White Negro
Alabama 169.6 166.1
Arkansas 165.3 141.8
Delaware 181.5 181.7
D. C. 175.0 177.0
Florida 172.4 168.2
Georgia 175.3 165.0
Kentucky 159.2 171.6
Louisiana 180.0 156.7
Maryland 186.7 186.5
Mississippi 165.5 130.0
Missouri 182.4 193.9
North Carolina 179.9 179.9
Oklahoma 169.0 175.8
South Carolina 176.0 160.4
Tennessee 166.7 169.0
Texas 173.9 166.2
Virginia 180.0 180.0
West Virginia 172.1 173.7

A verage :
U. S. A verage:

173.5
175.5

164.0

Statistics of State School Systems, 1943-44, Federal Security 
Agency, U. S. Office of Education.



X X V I

Rejection Rates for Failure to Meet Minimum “ Intelligence” 
Standards June-July, 1943: The South

Appendix Chart IV

Per Cent Rejected
State White Negro

Alabama 8.5 25.8
Arkansas 9.8 31.1
Delaware *
D. C. 0.6 9.0
Florida 3.4 19.6
Georgia 8.2 27.4
Kentucky 6.1 5.4
Louisiana 6.0 30.6
Maryland 2.0 21.7
Mississippi 5.0 31.1
Missouri 2.1 10.4
North Carolina 10.7 16.3
Oklahoma 3.9 16.1
South Carolina 8.7 43.0
Tennessee 5.6 9.5
Texas 10.4 20.5
Virginia 8.4 18.8
West Virginia 4.7 4.8

The Black and White of Rejections for Military Service, Ameri­
can Teachers Association, 1944, p. 6.

* Less than 200 registrants during this period.



Appendix Chart V
Ratio of Professionals to Population by Race: The South, 1940

D octors D e n t is t s  L a w y e r s  E n g in e e r s  P h a r m a c is t s

W N W N W N W N W N
Alabama 1,050 10,034 3,279 25,876 1,133 245,823 860 245,823 2,217 54,627
Arkansas 913 13,657 4,177 36,418 954 122,911 1,396 491,645 2,119 140,470
Delaware 714 4,485 2,305 7,175 941 17,938 218 2,022 4,485
D. C. 308 955 1,113 2,881 100 2,497 151 15,606 651 4,355
Florida 704 5,843 2,050 13,185 507 51,420 637 1,116 20,568
Georgia 850 6,955 2,651 21,699 760 135,616 802 216,985 1,625 49,315
Kentucky 1,070 2,326 3,458 7,380 997 10,192 1,181 71,344 2,626 14,269
Louisiana 686 9,132 2,043 23,314 796 141,551 555 141,551 1,492 24,266
Marvland 536 2,876 1,816 10,411 431 9,435 334 50,322 1,317 21,567
Mississippi 864 19,538 2,837 37,054 850 358,193 682 268,645 1,740 97,689
M issouri 733 1,228 1,588 5,200 661 6,789 616 34,912 1,466 9.399
N. Carolina 1,063 5,911 3,581 16,637 1,061 36,337 1,297 490,649 2,200 30,666
Oklahoma 976 2,156 2,931 8,850 643 6,726 658 28,025 1,669 8,007
S. Carolina 910 11,467 3,410 20,354 938 162,833 905 814,164 1,467 50,885
T  ennessee 958 2,292 3,175 6,875 912 31,796 779 254,368 2,035 14,963
Texas 901 5,637 2,882 11,412 709 40,191 592 154,065 1,559 28,887
V irginia 818 3,985 2,604 10,499 636 13,780 551 165,362 1,705 20,044
W . V irginia 1,059 2,560 3,147 4,528 1,230 6,927 742 117,754 3,366 11,775

Total South
Num ber 41,762 2,075 13,596 756 50,107 366 53,763 71 20,572 402
Ratio 843 4,891 2,589 13,425 702 27,730 655 142,944 1,711 25,246

Source: U. S. Census, Population, Labor Force, 1940.

II
A

X
X



XXV111

Rejections of White Registrants in 7 Southern States and 
Negro Registrants in 10 Northern and Border States Due to 
Failure to Meet Minimum “ Intelligence” Standards, 1943

Appendix Chart VI

New York City

Illinois............

Massachusetts

Michigan........

Indiana ..........

West Virginia .

Ohio .............

Kentucky . . . .  

California 

Pennsylvania .

Georgia .........

Virginia ........

Alabama ........

South Carolina 

Arkansas

Texas ............

North Carolina

(Selective Service Data)

Per Cent Rejected

Negro
White

Source: The Black and White of Rejections for Military Service, American 
Teachers Association, 1944.