79

76

Mr. Gray reviewed the steps taken to date in the Medical School case,
as follows:

"The Advisory Committee on Admissions prepared a resolution which was
in turn adopted by the Executive Committee. There was a feeling on the part of
some members of the Advisory Committee that the Executive Committee should
refer the matter to the Board with the request that it in turn refer it to the Legis-
lature. It seems to me that the Board of Trustees has three alternatives:

"1. It can say that it is the policy of the State of North Carolina to
decline to admit Negroes to the graduate and professional schools of
the University of North Carolina because they are Negroes. It would
enable the administration to say 'Yes' to the first allegation. I don't
recommend it.

"2. Adopt the resolution which is now before the Board as read by the
Secretary.

"3. Adopt the resolution and refer it to the Legislature for its considera-
tion.

"As to the third alternative, if you will bear with me, I should like to read
to you a letter which I have received from the Attorney-General as to whether this
Board has the power to pass upon the admission of students to the University from
races other than the white race":

"April 2, 1951

"Honorable Cordon Gray, President
The University of North Carolina
Chapel Hill, North Carolina

"Dear Gordon:

"Receipt is acknowledged of your letter of March 31st in which you state
that the Board of Trustees of the University will, at the meeting to be held
on April 4th, consider the recommendation of the Executive Committee of
the Board of Trustees relating to the admission of Negroes to the graduate
and professional courses of the University in certain cases. You enclose
to me a copy of the recommendation of the Executive Committee.

"You further state that you are quite sure the question will be raised as to
whether the Board of Trustees has the authority to pass upon the admis-
sibility of students among races other than white and to adopt standards,
etc., governing this matter, as to which you request the opinion of this office.

"G.S. 116-10, dealing with the Board of Trustees of the University of North
Carolina, provides as follows:

'Rules and regulations - The Trustees shall have power to make
such rules and regulations for the management of the University
as they may deem necessary and expedient, not inconsistent with
the constitution and laws of the state.'

"The Constitution of this State in Article IX, Section 6, provides as follows:

'Election of trustees, and provisions for maintenance, of the Univer-
sity. - - The General Assembly shall have power to provide for the
election of trustees of the University of North Carolina, in whom,
when chosen, shall be vested all the privileges, rights, franchises,
and endowments thereof in anywise granted to or conferred upon the
trustees of said University; and the General Assembly may make such
provisions, laws and regulations from time to time as may be neces-
sary and expedient for the maintenance and management of said University.'

"The Constitution, Article IX, Section 7, provides as follows: