Tureaud v. BOARD OF SUPERVISORS, ETC. , 116 F. Supp. 248 ( 1953 )

116 F.Supp. 248 (1953)

TUREAUD
v.
BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE et al.

Civ. A. No. 1238.

United States District Court E. D. Louisiana, Baton Rouge Division.

September 11, 1953.

A. M. Trudeau, Jr., A. P. Tureaud, Sr., New Orleans, La., U. Simpson Tate, Robert L. Carter, Dallas, Tex., Thurgood Marshall, New York City, for plaintiff.

Fred S. LeBlanc, Atty. Gen. of La., W. C. Perrault, First Asst. Atty. Gen., J. Clyde Pearce, Asst. Atty. Gen., W. Scott Wilkinson, Shreveport, La., Leander H. Perez, New Orleans, La., C. C. Bird, L. W. Brooks, James R. Fuller, C. V. Porter, Baton Rouge, La., J. H. Tucker, Jr., Shreveport, La., Fred Blanche, Baton Rouge, La., Arthur O'Quinn, Shreveport, La., Victor A. Sachse, Baton Rouge, La., R. B. Sadler, Jr., Alexandria, La., H. C. Sevier, Tallulah, La., A. J. Shepard, Jr., Lake Charles, La., Grove Stafford, Alexandria, La., Oliver Stockwell, Lake Charles, La., W. H. Thompson, Monroe, La., Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, La., Wilkinson, Lewis & Wilkinson, Shreveport, La., of counsel, for defendants.

Reversed in 207 F.2d 807.

WRIGHT, District Judge.

The purpose of this class action is to obtain an injunction requiring the defendants to admit to the combined six year arts and sciences and law course at Louisiana State University the plaintiff and other Negro citizens similarly situated. It is the admitted policy of Louisiana State University to deny admission to Negroes and this court has on three occasions issued injunctions against Louisiana State University authorities requiring them to admit Negroes to the School of Law, the School of Medicine and the Graduate School. Wilson v. Board of Supervisors, D.C., 92 F.Supp. 986, affirmed 340 U.S. 909, 71 S.Ct. 294, 95 L.Ed. 657; Foister v. Board of Supervisors, No. 937 Civil Action; Payne v. Board of Supervisors, No. 894 Civil Action.

Plaintiff asserts that the combined arts and sciences and law course offered at Southern University, a college exclusively for Negroes maintained by the State of Louisiana, is not equal to the combined arts and sciences and law course offered by Louisiana State University. The defendants, on the other hand, suggest that the plaintiff and others similarly situated may go to Southern University to obtain the arts and sciences part of the combined course and then transfer to Louisiana State University School of Law if they are not satisfied with the School of Law offered at Southern.

The plaintiff's answer to this suggestion is that the arts and sciences part of the combined course offered at Southern is not substantially equal to the arts and sciences part of the combined course offered at Louisiana State University and that in any event a Negro obtaining his arts and sciences credits at Southern University would not be given an arts and sciences degree by Louisiana State University after the successful completion of his first year in law as would a student who took his arts and sciences as well as law at Louisiana State University. Defendants admit that this is so but show that a Negro who obtains his arts and sciences work at Southern University and successfully completes one year of law at Louisiana State University may then go back to Southern and obtain his arts and sciences degree.

Plaintiff's application for an interlocutory injunction was heard on September 8, 1953 on pleadings, affidavits and depositions. On the same day the defendants filed a motion to dismiss plaintiff's action insofar as it purports to be a class action and the argument on the motion was likewise heard. Whereupon the court took time to consider and now being advised sets forth the findings of fact and conclusions of law which constitute the grounds of its decision.

Findings of Fact

1. The State of Louisiana has established, maintains and operates an institution known as the Louisiana State University and Agricultural and Mechanical College. The University has a Junior Division, which is really the freshman or first year college class, a College of Arts and Sciences and a School of Law. The University operates as part of the educational system of the State of Louisiana and is maintained by appropriations from public funds which are raised by taxation upon the citizens and taxpayers of said state.

2. The defendant Board of Supervisors of Louisiana State University and Agricultural and Mechanical College pursuant to the constitution and laws of the State of Louisiana exercises over-all authority with reference to the regulation of the institution, including the admission of students. Students of all ethnic groups, except Negroes, are admitted to the University.

3. The State of Louisiana has established and as a state function maintains and operates an institution known as Southern University. Admission to Southern University is limited to Negroes. Southern University is primarily a College of Arts and Sciences. There has been, however, a Department of Law at this University since 1947.

4. Plaintiff, Alexander P. Tureaud, Jr., is a Negro resident and citizen of Louisiana, who possesses all the qualifications for admission to the Junior Division of Louisiana State University for the purpose of obtaining through the combined arts and sciences and law curriculum an arts and sciences degree as well as a degree in law.

5. During the period when defendants were receiving applications for admission as students in the Junior Division of the Louisiana State University for the school year 1953-54 and after complying with all the rules and regulations governing the admission of students to said Junior Division, plaintiff applied for admission as a student.

6. On August 8, 1953 the plaintiff was advised by letter from the defendant, John A. Hunter, Registrar of Louisiana State University, that his "application for admission to Louisiana State University as a freshman (Junior Division) desiring to pursue the liberal arts curriculum in the College of Arts and Sciences has been rejected in line with our policy not admitting Negro students to that area." Plaintiff's purpose in applying for admission to Louisiana State University was in order that he might pursue the combined arts and sciences and law course leading to a degree in arts and sciences in four years and to a degree in law in six years.

7. Louisiana State University was established in 1859 and has been in continuous operation since that time save for a short period during the Civil War when it was closed because of hostilities. The present value of its plant is $34,724,654.84. Louisiana State University is a full University accredited by every recognized accrediting agency in the country. It has twelve colleges and several divisions within these colleges and offers not only undergraduate degrees but provides professional degrees, masters degrees and doctorates.

8. Southern University was established in 1880 and its plant is valued at about two and one-half million dollars. Southern University is not a member of the Association of Colleges and Secondary Schools but it enjoys the highest rating given by the Association.

9. Louisiana State University operates on an annual budget of twelve million dollars. It has 6400 students with a per capita operating cost of $1,875. Southern University operates on an annual budget of less than two million dollars. There are approximately 2900 students enrolled making a per capita operating cost of $689.65.

10. Although there appears no question but that the State of Louisiana has made a bona fide effort to maintain and operate an adequate institution at the arts and sciences level in Southern University, the fact is, as shown by the analysis which is attached to these findings as an appendix, that the three year arts and sciences part of the combination arts and sciences and law curriculum offered by Southern University is not substantially equal to the three year arts and sciences part of the combined arts and sciences and law curriculum offered by Louisiana State University. In addition, under the exclusion policy as now enforced by Louisiana State University, a Negro desiring to pursue the combined arts and sciences and law curriculum would be required to go to Southern University for his arts and sciences work, transfer to Louisiana State University School of Law, if he were not satisfied with the School of Law at Southern, and then after one year of law receive his arts and sciences degree from Southern University. A non-negro student, on the other hand, desiring to pursue the combined arts and sciences and law curriculum may obtain his arts and sciences courses, his arts and sciences degree, as well as law degree at Louisiana State University without transfer.

Conclusions of Law

1. This suit arises under the constitution and laws of the United States, and seeks redress for the deprivation of civil rights guaranteed by the Fourteenth Amendment. This court is vested with jurisdiction, 28 U.S.C. § 1343; Act of April 20, 1871, Chapter 22, Section 1, 17 Stat. 13, 8 U.S.C.A. § 43; Act of May 31, 1870, Chapter 114, Section 16, 16 Stat. 144, 8 U.S.C.A. § 41; 28 U.S.C. § 2281.

2. This action is properly brought as a class action under Rule 23 (a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. Defendant's motion to dismiss is accordingly denied.

3. The class which plaintiff represents is composed of the Negro citizens of the state who possess the requisite qualifications for admission to the combined arts and sciences and law course offered by the Louisiana State University and Agricultural and Mechanical College. We hold, in conformity with the equal protection clause of the Fourteenth Amendment, that the plaintiff and all others similarly qualified and situated are entitled to educational advantages and opportunities available within the state, at the same time, upon the same terms and substantially equal to those which the state provides and makes available to other residents and citizens of the state. Missouri ex rel. Gaines v. Canada, Registrar of the University of Missouri, 305 U.S. 337, 59 S. Ct. 232, 83 L.Ed. 208; Sipuel v. Board of Regents of University of Oklahoma, 332 U.S. 631, 68 S.Ct. 299, 92 L.Ed. 247; McLaurin v. Oklahoma State Regents, 339 U.S. 637, 70 S.Ct. 851, 94 L.Ed. 1149; Sweatt v. Painter, 339 U.S. 629, 70 S.Ct. 848, 94 L.Ed. 1114; Wilson v. Board of Supervisors, D.C., 92 F.Supp. 986, affirmed 340 U.S. 909, 71 S.Ct. 294, 95 L. Ed. 657; Wichita Falls Junior College Dist. v. Battle, 5 Cir., 204 F.2d 632.

4. In Sweatt v. Painter, supra, the Supreme Court outlined the following criteria for determining substantial equality in educational institutions: (1) Education and reputation of the faculty; (2) variety of courses offered in the curriculum; (3) physical facilities of the institution; (4) library facilities; (5) position and influence of the alumni; (6) standing of the institution in the community; (7) traditions and prestige. Using these criteria, the combined course in arts and sciences and law, and more particularly the arts and sciences part of such course, offered by Southern University is not substantially equal to the combined arts and sciences and law course offered by Louisiana State University. In fact, only in a proceeding of this kind would such equality be seriously suggested.

5. The court is of the opinion that the denial of admission of the plaintiff to the Junior Division of Louisiana State University for the purpose of pursuing the combined arts and sciences and law course offered by that University solely because of his race and color denies a right guaranteed to plaintiff by the Fourteenth Amendment and that such denial would inflict irreparable injury upon the plaintiff.

It accordingly follows that the situation presented requires the issuance of a temporary injunction.

APPENDIX

Louisiana State University
offers a combination
arts and sciences
and law course whereby
a student may complete
Louisiana State  the requirements for
University     and receive an A.B. or
B.S. and an L.L.B. degree
in six years rather
than in seven years.
The University offers
similar combination
courses in geology and
law and in commerce
and law.
Southern University offers
a combination
course in political science

and law, English
and law and mathematics
and law. Very few
Southern        students have undertaken
University       this course and no degree
under this program
has been awarded by
Southern. At present
only one applicant has
applied for the combination
curriculum.
Louisiana State University
operates on an annual
budget of $12,000,000.
It has 6400 students
with a per capita
operating cost of $1,875.
It is composed of twelve
Louisiana State  colleges and various divisions,
University     departments and
schools within these colleges
and offers bachelors
degrees at the college
level, masters and
doctoral degrees at the
graduate school level,
and various degrees at
the professional school
level. It is a member
of the Southern Association
of Colleges and Secondary
Schools.
Southern University operates
on an annual
budget of $2,000,000.
There are approximately
2900 students enrolled
in the college proper
with a per capita cost of
$689.65. With the exception
of the law school,
the entire instruction offered
is at the college
Southern        level. The institution is
University       approved by the Southern
Association of Colleges
and Secondary
Schools, but unlike LSU,
is not a member of
the accrediting agency.
There are 150 regular
faculty members including
91 instructors, 30 assistant
professors, 16 associate
professors and
16 full professors.
At the college level is
the Junior Division,
where all first year college
work is concentrated,
the College of Agriculture,
Louisiana State  the College of
University      Chemistry and Physics,
the College of Commerce,
College of Education,
the College of Engineering,
and the College
of Arts and Sciences.
The college offers a program
of freshman
studies. It contains a
Division in Agriculture,
as compared with a College
of Agriculture at L
SU; a Division of Business
as compared with a
College of Commerce; a
Division of Education
as compared to a College
of Education at LS
Southern        U; a Division of Health
University       and Physical Education;
a Division of Home
Economics; a Division
of Industrial and Technical
Education; a Division
of Military Science
and Tactics; a Division
of Music; and a
Division of Liberal Arts
and Sciences as compared
to College of Arts
and Sciences at LSU.
The College of Arts and
Sciences is headed by
Dean Cecil G. Taylor,
who holds a Ph.D. degree,
and contains 18 departments
in the following
fields: Air Science;
Books and Libraries;
Botany, Bacteriology
and Plant Pathology;
English; Fine Arts;
Foreign Languages

(Classical, Germanic and
Slavic and Romance);
Geography and Anthropology;
Geology; Government;
History;
Journalism; Mathematics;
Military Science;
Philosophy; Psychology;
Louisiana State  Sociology; Speech;
University     Zoology, Physiology and
Entomology. The college
is staffed by 160 regular
faculty members plus an
additional instructional
force below faculty rank.
Of the regular faculty
staff of 160 approximately
25% are associate
professors, and 25%
are of full professional
rank. Between 6000
and 7000 students are
enrolled. The goal of
the college is to secure
as instructors those who
hold Ph.D. degrees in
their respective fields.
The Dean's salary is
$9700.
The Division of Liberal
Arts and Sciences is
composed of nine departments
including the departments
of Fine and
Applied Arts, Biology,
Chemistry, Physics (as
compared to the College
of Chemistry and Physics
at LSU), English,
Mathematics, Modern
Foreign Languages,
Psychology, and Social
Southern        Sciences. There are
University       some 66 regular faculty
members including a
part-time instructor.
There is no department
of Air Science; Books
and Libraries; Botany,
Bacteriology and Plant
Pathology; Geography
and Anthropology; Geology;
Government; History;
Journalism; Philosophy;
Sociology;
Speech; and Zoology.
Greek, German and Slavic
Languages, Italian
and Portuguese are not
taught. Dean J. D.
Cade who holds an M.A.
degree is Dean of the
College and Director of
the Division of Liberal
Arts and Sciences. He
receives a salary of
$7200. The requirement
at Southern for an
instructorship is a Master's
degree.
In the College of Arts
and Sciences, the Department
of Books and
Libraries lists two instructors
and offers two
courses; The Department
of Botany, Bacteriology
and Plant
Pathology lists five faculty
members and offers
37 courses; The Department
of Ancient and
Modern Foreign Languages
lists two professors
in Classical Languages
and offers 35
courses; The Department
of English lists 32
teachers and offers 66
courses; The Department
of Fine Arts lists
12 teachers and offers 53
courses; The Department
of Ancient and
Modern Foreign Languages
lists 3 teachers
in German and Slavic
Louisiana State  Languages and offers 17
University      courses and Russian languages;
the Department
of Government lists 5
professors and offers 32
courses; the Department
of History lists 10 teachers
and offers 36 courses;
The Department of

Journalism lists 6 teachers
and offers 19 courses;
the Department of
Mathematics lists 24
teachers and offers 38
courses; The Department
of Philosophy lists
3 teachers and offers 22
courses; the Department
of Psychology lists
9 teachers and offers 44
courses; the Department
of Ancient and
Modern Foreign Languages
offers 2 courses
in Italian, 2 in Portuguese,
20 in Spanish and
2 courses in Romance
Philosophy, using 12
teachers; the Department
of Sociology lists
11 teachers and offers 55
courses; and the Department
of Zoology,
Physiology and Entomology
lists 11 teachers
and offers 45 courses.
Within the Division of
Liberal Arts and Sciences
at Southern, the
Department of Fine and
Applied Arts lists 3 faculty
members and offers
18 courses. The Department
of Biology lists 12
faculty members, with
one on leave, and offers
31 courses; the Department
of Chemistry lists
4 faculty members and
offers 11 courses. The
Department of English
lists 17 faculty members,
one of whom is designated
as part time, and offers
27 courses, including
6 courses in English
composition and journalism
and 11 courses in
speech. The Department
Southern        of Mathematics
University       lists 7 faculty members
and offers 11 courses.
The Department of
Physics lists 3 faculty
members and offers 5
courses. The Department
of Modern Foreign
Languages lists 4 teachers,
with one on leave,
and offers 23 courses in
Spanish, German and
French. The Department
of Psychology lists
one teacher and offers
10 courses. The Department
of Social Sciences
lists 15 faculty members,
with one on leave, and
offers 96 courses in
Economics, Geography,
History, Political Science,
Sociology and Anthropology.
Louisiana State University
offers a combined
course in law and arts
and sciences, geology
and law and commerce
and law as indicated.
After completion of the
Louisiana State  Junior Division, a student
University     must complete prescribed
minimum requirements
for arts and
science degree and may
then within certain limitations
complete the necessary
semester hours
for his degree by choosing
from a variety of
electives. After completion
of Junior Division
a student who at first
matriculated for the arts
and sciences and law
course may switch to geology
and law without
loss of time or credits.
There is no question but
that this combination
curriculum is a working
program and going concern.
Southern University offers
a combination curriculum

in 3 fields
as previously indicated.
Southern        The program is fixed as
University       set forth in the school
catalogue. No deviation
from course of study
there prescribed is permissible
under Southern's
program.