[A review of the development of graduate and professional education for Negroes]

              MEMORANDUM
To: President Gray
From:        W. D.  Carmichael,  Jr.
Subject:     A Review of the Development of Graduate and Professional
Education for Negroes.
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In 1938 the Supreme Court of the United States stated that:   "The
State must provide (legal education) for (petitioner) in conformity with the
equal protection clause of the Fourteenth Amendment and provide it as soon
as it does for applicants of any other group. "
In Missouri ex rel.  Gaines v.   Canada,   305 U.S.  337,   351 (1938)
speaking through Chief Justice Hughes,  the Supreme Court declared that ....
"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 own borders facilities for legal education substantially equal
to those the state there afforded for persons of the white race,  whether or not
other Negroes sought the same opportunity. "
Immediately following the U.S.  Supreme Court decision in the Gaines v.
Canada case,  the General Assembly of North Carolina enacted G. S.   116-100
(the so-called Murphy Act) which provides that "The Board of Trustees of the
North Carolina College in Durham is authorized and empowered to establish
from time to time such graduate courses in the liberal arts field as the demand
may warrant and funds of the North Carolina College justify.    Such courses so
established must be standard. "