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Controller Carmichael reminded the older members of the Board that more
than a year ago he mailed each member a report showing the difference between
the work at the North Carolina College in Durham and the University at Chapel Hill,
and said "materially, there is no difference today." He stated that the development
of graduate work at North Carolina College goes back prior to the "Gaines decision"
in 1938. Dr. Shepard was President of the College at that time and under his leader-
ship and later under Dr. Elder there has been a very harmonious relationship between
the University and the North Carolina College. The Administration and faculty of
North Carolina College at Durham always have been ambitious to build a Negro
University there equal to any university in the State.

Controller Carmichael further stated that last week when the University Administra-
tion learned that there currently was a lack of enthusiasm at the North Carolina Col-
lege in Durham for any expansion of the graduate program, he, Chancellor House and
Dean Pierson met with President Elder, Dean Turner, Dean Manley and Mr. Pittman
of the North Carolina College and had a very comprehensive discussion of the
graduate program. Mr. Carmichael then read the following report and recommenda-
tions addressed to President Gray

"A review of the Development of Graduate and
Professional Education for Negroes.

"In 1938 the Supreme Court of the United States stated that: 'The State must pro-
vide (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 affored 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.'

"The act further provides that 'The Board of Trustees of the Negro Agriculture and
Technical College at Greensboro may add graduate and professional courses in agri-
culture and technical lines as the need for same is shown and the funds of the state
will justify, and establish suitable departments therein.'

"Finally, G. S. 116-100 provides" 'The Board of Trustees of North Carolina College
and the Trustees of the Agricultural and Technical College, in the event that the budget
of the institutions will not permit this section to be carried out on account of lack of
funds, shall present the situation to the assistant director of the budget, the Governor
of North Carolina, and the Council of State; and they are hereby empowered to provide
such funds as may be necessary to carry out the purposes of the same." (1939 c. 65).

"This is constructive legislation and it looked forward to the day when the Negroes
of North Carolina would have their own equal, varigated and enriched University program

"COOPERATION BETWEEN THE UNIVERSITY OF NORTH
CAROLINA AND THE NORTH CAROLINA COLLEGE

"1. The University of North Carolina assisted in the establishment of graduate