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.

3.2 University of Michigan

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3.3 Charlie Houston Letter to Walter on May 24, 1938

Although Lloyd Gaines’ battle against the University of Missouri, and ultimately the Jim Crow laws emanating from Plessy v Ferguson, was, on the surface, not faring too well, Charles Hamilton Houston, however, was pleased.

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.

3.6 Chief Justice Charles Evans Hughes

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3.7 Chief Justice Hughes Delivered the Opinion of the Court for Gaines vs. Canada Case

Chief Justice Charles Evans Hughes announced the 6-2 decision on Gaines v Canada on December 12, 1938. Writing for the majority, Hughes held that when the state provides legal training, it must provide it to every qualified person; it cannot send them to other states. Key to the conclusion was that there was no provision for legal education of blacks in Missouri, which is where Missouri law guaranteeing equal protection applies. To the court, sending Gaines to another state would have been irrelevant.

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.

1.3 John D. Taylor, Democrat, MO House of Representatives, 39th District

However, the State of Missouri was not going to go down without a fight. In mid- January, 1939, John D. Taylor, a representative from Keytesville, MO, introduced a bill in the Missouri legislature designed to postpone integration of the University. Taylor, chairman of the House Appropriations committee, proudly called himself “an unreconstructed rebel.” Taylor’s proposal, House Bill No. 195, authorized Lincoln University to “establish whatever graduate and professional schools are necessary to the equivalent of the University of Missouri.”

1.4 Lloyd C. Stark, 39th Governor of State of Missouri, 1937-1941

After weeks of debate Taylor’s proposal, House Bill No. 195 was passed and signed by Governor Lloyd Stark.

1.5 Sherman D. Scruggs, 11th President of Lincoln University, 1938-1956

The LU Board of Curators ordered its president, Sherman Scruggs, to have a law school up and running and ready for Lloyd Gaines by September 1, 1939. This task seemed insurmountable; establishing a law school on an equal par with that of MU in eight months would, in the least, be miraculous.

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.”

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.

2.1 Lloyd Gaines close up image

Charles Hamilton Houston and other NAACP attorneys assembled in early October 1939 to take depositions in preparation for the hearing scheduled a week later in Columbia to determine whether the university had complied with the Gaines decision. Attorneys took depositions from all of the instructors of the new LU law school as their preparation for the court proceedings wound down. The deposition of Lloyd Gaines was next. Attorneys planned to ask Gaines whether he considered Lincoln to be as good of a law school as Missouri and whether he planned to enroll. Called for questioning, Gaines did not respond. He could not be located anywhere. Lloyd’s mother, Callie Gaines, recalled that in January her son “left here to go to Kansas City to make a speech. That’s the last I saw of him.” While in Kansas City, Gaines spoke at the Centennial Methodist Church. He also looked for work, but not finding any caught a train for Chicago, telling people in Kansas City that he would stay a few days and return home.