2.6 Judge William F. Frank, Chief Justice, Missouri State Supreme Court

In February, 1937, the Court, in an opinion by Chief Justice William F. Frank, issued their verdict that supported the Missouri statute that allowed for out-of-state tuition for Missouri blacks to continue their education if the desired program was not offered at Lincoln University Once again, the legal team of Lloyd Gaines was not undaunted.

2.5 Missouri State Supreme Court Building, Jefferson City, Missouri

On December 12, 1936, Charles Hamilton Houston was in Jefferson City, Missouri arguing Gaines’ appeal in front of the Missouri Supreme Court. Houston added some teeth to his argument by adding that neither “the slender hope” that Gaines may someday attend a new law program at Lincoln nor the provision of tuition scholarships to attend an out-of-state law school met the US Constitution’s requirement of equal treatment regardless of race.

3.4 United States Supreme Court 1938

Gaines’ legal team, led by Houston, had faith in the justice system of the United States and anticipated getting a fair trial at the federal level. So far, all decisions had occurred in Missouri, a state with a segregated system.The fact that Gaines v Canada had reached the Supreme Court was promising indeed. It was rare that any case involving African-Americans would be considered by the highest court in the land. President Franklin D. Roosevelt had been appointing Justices that were more willing to consider cases concerned with civil rights. On November 9, 1938, the Supreme Court of the United States heard arguments in the Gaines v Canada case. The defense was unmoved by the rude treatment and made their presentation with professionalism and aplomb. Houston’s argument remained steadfast; not only was the state of Missouri’s statute concerning out-of-state tuition for blacks in violation of the 14th Amendment, but the very idea of segregation itself violated the Constitution. William Hogsett, the attorney for the University of Missouri, countered that the school was merely following state laws. The MU legal team was flustered as questions from the bench forced them to correct overstatements regarding Missouri’s “generosity to Negro students”. With crossed fingers and high hopes, the Gaines legal team rested their case and awaited the verdict. Meanwhile, Lloyd Gaines was still in Michigan. Lloyd held a W.P.A. job as a Civil Service Clerk and was in constant contact with his family and attorneys. His mood in his correspondence was hopeful and positive.

3.5 Supreme Court Justice James P. McReynolds

However, there was an obstacle on the court, namely James Clark McReynolds, an avowed racist. In fact, during the hearing, McReynolds turned his chair around and faced the wall when Houston presented his argument.

1.2 News Article About US Supreme Court Justices Rule in Favor of Lloyd Gaines by 6 to 2 Vote in The Call Newspaper

Following the decision, northern newspapers hailed it as “the Supreme Court speaking out in defense of the quality of human rights.” The Kansas City Call, one of the leading black newspapers in Missouri, declared, “If keeping the races separate is so important to Missourians that coeducation is unthinkable then let them count the cost!” The NAACP’s long-term plan for casting financial burden upon the Jim Crow states was now a reality.

3.5 The Missouri State Supreme Court Conferred a Honorary Law License for Lloyd Gaines.

On September 28th, 2006, the Missouri State Supreme Court conferred a posthumous law license for Mr. Gaines.

2.4 Judge W. M. Dinwiddie Boone County, Missouri, 13th Circuit Court

Two weeks later, Judge Dinwiddie issued his decision in favor of Canada and the University. Houston was expecting this and appealed to the Missouri Supreme Court.

Juanita Kidd Stout

When Juanita Kidd was growing up in Wewoka, Oklahoma, she never saw a female lawyer, never mind a black female lawyer. At 16, Stout graduated from high school, but had to leave Oklahoma to find an accredited college, and later a law school that would accept her. Stout made an appearance at Lincoln University from 1935-1937, when she reigned as Queen of the Quill in 1936, but completed her Bachelor’s of Arts degree in Music from the University of Iowa. In 1948, Stout graduated from Indiana University’s School of Law. Juanita Stout paved the way for many aspiring female lawyers. In 1959, Stout was the first black female to be elected to a court of record in the United States. She also became the first black woman in history to serve on a state (Pennsylvania) Supreme Court.

1.3 Charles Hamilton Houston, NAACP Chief Attorney, 1930-54

The NAACP’s legal team, which eventually included Thurgood Marshall, had a strategy in mind for confronting the Plessy v Ferguson “separate but equal” Supreme Court decision of 1896. Walter White, the NAACP President assisted Houston in developing the plan. By concentrating on the “equal” aspect of Plessy, the NAACP would attempt to make “separate but equal” a financial impossibility for states toeing the line of “Jim Crow” laws. In the words of Charles Hamilton Houston, “we are going to bleed them white.”

1.2 NAACP Headquarters, New York City, 1930s

Although Houston had scored a minor victory in the 1935 Murray v Pearson case which allowed African Americans to attend the University of Maryland Law School, the case only affected that state’s jurisdiction due to the decision originating from the Maryland State Supreme Court. It was Houston’s intention to move to the national level. For the NAACP, Lloyd Gaines was the ideal client; well spoken, intelligent and humble; and he was a citizen of the state of Missouri where the laws in question were enforced. Gaines’ case would be the main focus for Houston and the NAACP for the next three years.

3.1 Lloyd Gaines sitting in a chair

While Lloyd Gaines, who was now enrolled at the University of Michigan, worked on a Masters degree in Economics, Houston, Redmond and Espy planned their next step. The decisions in Missouri were not made on a level playing field, so to speak. They needed to take their case to place where justice was blind and unbiased; the Supreme Court of the United States.

1.1 Lloyd Gaines

Lloyd Gaines had won his case. Speaking to reporters, Gaines said he was pleased with the result and looked forward to attending the Missouri School of Law in the fall of 1939. The Gaines v Canada decision was a major triumph and significant steppingstone for the Civil Rights movement. No longer did African-Americans in Missouri have to choose to be educated elsewhere when seeking degrees not offered to them in their home state. This was decided in the Murray v Pearson case three years prior, but the Gaines case had national implications since it was decided by the US Supreme Court.

1.6 School of Law, Lincoln University

Another dilemma also had to be dealt with; Lloyd Gaines was determined to attend law school, not just anywhere but at the University of Missouri. Shortly after the Supreme Court decision, Lloyd Gaines left his civil service job in Michigan and returned home to St. Louis, arriving on New Year’s Eve, 1938. In the meantime, to pay his bills, he took a job as a filling station attendant. On January 9, 1939, Gaines spoke to the St. Louis chapter of the NAACP. He told them he stood “ready, willing, and able to enroll at MU.” Gaines later quit his gas station job. He explained to his family that the station owner substituted inferior gas and that he could not, in good conscience, continue to work there. In the meantime, the state Supreme Court sent the Gaines case back to Boone County to determine whether the new law school at Lincoln would comply with the US Supreme Court’s requirement of “substantial equality.”