2.3 University of Missouri building

The university’s defense, led by William Hogsett, countered that the University was bound by law to reject Gaines’ application and stated that Lincoln University had to provide higher education for Negroes. This is the point that Houston wanted the court to address. Houston got Canada to admit the only students he would bar would be of African descent. Hogsett, on the other hand, was unable to unnerve young Mr. Gaines with speculation that the NAACP had put him up to applying at MU. Gaines replied,” No, that is my idea; about the [law] suit.”

2.1 Boone County Courthouse, Columbia, Missouri

July 10, 1936 was an extremely warm day in central Missouri when Lloyd Gaines, accompanied by his attorneys, arrived at the Boone County Courthouse in Columbia, Missouri to begin deliberations in the historic Gaines v Canada case.

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.

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.

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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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.”

1.5 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.”

2.2 Chicago YMCA

In Chicago, Lloyd rented a room at the YMCA; searching for employment for the next few weeks.

2.5 J. Edgar Hoover FBI Director 1935-72

Many theories, much speculation and a considerable amount of guessing can be attributed to the sudden and complete disappearance of Lloyd Gaines. Known as a loner and having a habit of taking off for days at a time, the whereabouts of Lloyd was not a concern to his family. In fact, Gaines wrote to his mother three weeks before he vanished that if she did not hear from him he would be okay. Local and federal authorities, including the FBI were not notified immediately of his disappearance. Houston and the NAACP lawyers had not been in contact with Gaines for several months.