1961 US Commission on Civil Rights Report Book 2 - University of ...

The <strong>Commission</strong> recommended Federal aid to the States for programs
designed to assist public school teachers and students of native talent
who are handicapped professionally or scholastically as a result of
inferior educational opportunity or training. Chapter 8 of the present
report describes some programs that serve this purpose and indicates a
great need for them in all parts of the Nation. Although the first
session of the Syth Congress has had educational bills under consideration,
no measure of the type recommended by the <strong>Commission</strong> has been
introduced. The President's messages and recommendations to the
Congress concerning Federal aid to education likewise ignore the <strong>Commission</strong>'s
recommendation.
UNIVERSITY OF GEORGIA
In September 1960, two Negroes, Charlayne A. Hunter and Hamilton
E. Holmes, filed suit in a Federal district court to enjoin the University
of Georgia from refusing on racial grounds to admit them. They also
sought damages. 2 At the time the action was brought only two other
Negroes had ever applied for admission to the university. One of the
former applicants, Horace Ward, who had applied in 1950 for admission
to the law school, was one of the attorneys for the successful
plaintiffs. 8
On September 25, 1960, a Federal court denied the request for a
preliminary injunction on the ground that the plaintiffs had not exhausted
their administrative remedies. The Board of Regents had not
yet acted upon their appeal.* But the court refused to dismiss the complaint
as requested by the university.
Thereafter the Board of Regents denied both applications for admission.
Mr. Holmes was rejected on the ground that "from a review of
your records and on the basis of your personal interview, we are of
the opinion that you do not qualify as a suitable applicant . . ."; Miss
Hunter, "due to limited facilities." 5 The board assured both applicants
that they could "renew and pursue their applications without
prejudice." 6
After a full hearing, which lasted 4^/2 days, the Federal district court
found that the university's grounds for denying the applications were
without merit, and permanently enjoined the university officials: T
From refusing to consider the applications of the plaintiffs and
other Negro residents of Georgia for admission to the University of
Georgia upon the same terms and conditions applicable to white
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