Knight v. State of Ala., 787 F.Supp. 1030 (1991) 74 Ed. Law Rep. 506 Holloway, Robert E. Lowder, Michael B. McCartney, William F. Nichols, W. James 787 F.Supp. 1030 Samford, Jr., Morris W. Savage, and James T. United States District Court, N.D. Alabama, Tatum, Jr., as members of the Board of Trustees of Southern Division. Auburn University; Troy State University; Harold John F. KNIGHT, Jr., Alma S. Freeman, John T. R. Collins, R. Douglas Hawkins, Robert E. Kelly, Gibson, Susan Buskey, Carl Petty, Dennis Charles Jack W. Wallace, John A. Teague, C.J. Hartley, Barnett by his father Arthur D. Barnett, Vonda Wallace D. Maline, Jr., Robert T. Wilson, Charles Cross, Tammi Palmer, Alease S. Sims, Stacey B. Martin, and Russ Campbell, as members of the Levise Sims by her parents Levi Sims and Alease S. Board of Trustees for Troy State University; the Sims, Gary Mitchell, Jr., Grover L. Brown, University of Alabama; Winton Blount, Aaron Frederick Carodine, Frankie Patricia Yarbrough, Aronov, Massey Bedsole, Frank Bromberg, Jr., Dr. Charles Edwards McMillan, Horace W. Rice, O.H. Delchamps, Jr., Garry Neil Drummond, Anthony Y. Lavonne Thompson by his mother Sandral Hullett, William Henry Mitchell, John T. Lois N. Thompson, Kreslyon Lynette Valrie by her Oliver, Jr., Thomas E. Rast, Yetta G. Samford, Jr., mother Georgia S. Valrie, Dr. Taylor Byrd, and George S. Shirley, Martha H. Simms, Cleophus Dan Tibbs, Jr., individually and on behalf of Thomas, Jr., Cordell Wynn, John B. Hicks, and others similarly situated, Plaintiffs and Plaintiffs– Dr. Thomas A. Bartlett, as members of the Board Intervenors, of Trustees for the University of Alabama, v. Defendants. The STATE of ALABAMA; Guy Hunt, Governor of UNITED STATES of America, Plaintiff, the State of Alabama; the Alabama State Board of v. Education; John M. Tyson, Jr., Steadman S. The STATE OF ALABAMA; Guy Hunt, Governor Shealy, Jr., Isabelle B. Thomasson, Ethel H. Hall, of the State of Alabama; the Alabama State Board Willie J. Paul, Spencer Baccus, Victor P. Poole, of Education; Wayne Teague, State and Evelyn Pratt, as members of the Alabama Superintendent of Education; Alabama A & M State Board of Education; Wayne Teague, State University, a public corporation; Alabama State Superintendent of Education; the Alabama University, a public corporation; Auburn Commission on Higher Education; Jane University, a public corporation; Jacksonville McDonald, Clyde Foster, Katie Espy, Dr. James D. State University, a public corporation; Livingston Grady, III, Charles F. Horton, Ken Lott, Steve University, a public corporation; Troy State Means, Borden Morrow, Frank A. Nix, Richard A. University, a public corporation; the University of Pizitz, Sr., Philip A. Sellers, and Bob Word, as Montevallo, a public corporation; the University of members of the Alabama Commission on Higher Alabama, a public corporation; the University of Education; the Alabama Public School and College North Alabama, a public corporation; the Authority; G. Robin Swift, as State Finance University of South Alabama, a public Director and member of the Alabama Public corporation; Athens State College, an educational School and College Authority; the Board of institution; Calhoun State Community College, an Trustees for Alabama A & M University; Franklin educational institution; the Alabama Commission Perry, Eddie Player, Wayman Sherrer, George on Higher Education; and the Alabama Public Miller, Chris McNair, W. Troy Massey, Robert School and College Authority, Defendants. Hughes, Thomas Fuller, Wayne Dean, Walter No. CV 83–M–1676–S. Carter, Dinsimore Robinson, and Dr. Oscar | Tucker, as members of the Board of Trustees for Dec. 30, 1991. Alabama A & M University; the Board of Trustees for Alabama State University; Richard Arrington, Jr., Ross Dunn, Tommy Gallion, Larue W. The United States brought action to desegregate colleges Harding, Andrew M. Hayden, Lillian Ann Hope, and universities in Alabama and various persons Larry H. Keener, Michael Onderdonk, Patsy B. intervened as plaintiffs. The United States District Court Parker, Joe L. Reed, James A. Smith, and Mrs. for the Northern District of Alabama, U.W. Clemon, 628 Frankye Underwood, as members of the Board of F.Supp. 1137, ordered desegregation and appeal was Trustees of Alabama State University; Auburn taken. The Court of Appeals, 828 F.2d 1532, reversed and University; R.C. Bamberg, Dr. Emory remanded. Following trial, the United States District Cunningham, John V. Denson, Dr. Bessie Mae 1 Knight v. State of Ala., 787 F.Supp. 1030 (1991) 74 Ed. Law Rep. 506 Court for the Northern District of Alabama, Harold L. Laurie, Balch & Bingham, Montgomery, Ala., Edward S. Murphy, District Judge of the Northern District of Allen, J. Richard Carrigan, M. Stanford Blanton, Balch & Georgia, specially assigned, held that: (1) except for one Bingham, Birmingham, Ala., Thomas D. Samford, III, institution, use of the ACT admission test does not have Auburn, Ala., for Auburn University. an impermissible impact on black students, even though it was first adopted for illegal purposes; (2) with one Walter J. Merrill, Merrill, Porch, Doster & Dillon, exception, there was marked improvement in recruitment Anniston, Ala., for Jacksonville State. of black students at historically white universities; (3) current composition of various boards of trustees of state J. Fredric Ingram, Burr & Forman, Birmingham, Ala., for institutions was not a vestige of discrimination; (4) state Livingston University. was constitutionally obligated to eliminate all vestiges of the prior de jure system of segregated higher education; William F. Murray, Jr., Burr & Forman, Birmingham, (5) Title VI and supporting regulations applied to require Ala., Richard F. Calhoun, Calhoun, Watkins & Clower, state as recipient of federal funds to eliminate all vestiges Troy, Ala., for Troy State University. of segregation; (6) defenses of res judicata and collateral Carl E. Johnson, Jr., J. Scott Greene, Bishop, Colvin & estoppel did not preclude litigation; (7) state statute Sweeney, Birmingham, Ala., for University of requiring at least half of Board of Trustees of Alabama Montevallo. State University to be members of prevailing minority was unconstitutional; and (8) the court fashioned a C. Glenn Powell, Stanley J. Murphy, Norman Lemley, remedial order to implement that desegregation of the Tuscaloosa, Ala., Robert W. Rieder, Cindy S. Waid, Ina institutions. B. Leonard, Huntsville, Ala., Joseph J. Levin, Jr., Colton and Boykin, Washington, D.C., for University of Order in accord with opinion. Alabama. Ernest N. Blasingame, Jr., Florence, Ala., for University Attorneys and Law Firms of North Alabama. *1038 Donald V. Watkins, James U. Blacksher, Leslie Mylan R. Engel, Engel, Walsh & Zoghby, Maxey J. Proll, Demetrius C. Newton, Birmingham, Ala., for John Roberts, University of South Alabama, Mobile, Ala., F. Knight, Jr., et al. Danny R. Farnell, Montgomery, Ala., for University of South Alabama. *1039 Frank W. Donaldson, U.S. Atty., Caryl P. Privett, Asst. U.S. Atty., Craig M. Crenshaw, Jr., Nathaniel Jeffrey Foshee, State Bd. of Educ., Montgomery, Ala., for Douglas, Dept. of Justice, Washington, D.C., for U.S. Athens State College, Calhoun State Community College. Robert D. Hunter, John E. Grenier, Rebecca S. Dunnie, Robert D. Hunter, John E. Grenier, Lange, Simpson, Lange, Simpson, Robinson & Somerville, Birmingham, Robinson & Somerville, Birmingham, Ala., for Alabama Ala., Richard N. Meadows, State Dept. of Educ., Mark Com’n on Higher Educ. and Alabama Public School and Montiel, Office of the Governor, Ira De Ment, Jeffery A. College Authority. Foshee, Jim R. Ippolito, Jr., Office of General Counsel, State Dept. of Educ., Montgomery, Ala., for State of Ala., Guy Hunt, Alabama State Bd. of Educ. and Wayne Teague. Joe R. Whatley, Cooper, Mitch & Crawford, Birmingham, Ala., Kenneth L. Thomas, Tyron C. Means, Montgomery, Ala., John C. Falkenberry, Birmingham, Ala., for Alabama A & M University. Solomon S. Seay, Jr., Montgomery, Ala., Armand Derfner, Charleston, S.C., Fred D. Gray, Gray, Langford, Sapp, McGowan & Gray, Tuskegee, Ala., Terry G. Davis, Montgomery, Ala., for Alabama State University. Thomas W. Thagard, Jr., David R. Boyd, Robin G. 2 Knight v. State of Ala., 787 F.Supp. 1030 (1991) 74 Ed. Law Rep. 506 *1045 HAROLD L. MURPHY, District Judge. ABBREVIATIONS The following abbreviations are used in the Findings of Fact and Conclusions of Law. 3 Knight v. State of Ala., 787 F.Supp. 1030 (1991) 74 Ed. Law Rep. 506 Framers of the Constitution considered slaves to be included within the phrase “We the People,” Chief Justice Taney, penned the following remarks in the Dred Scott case: We think they are not, ... [and] were not intended to be included.... .... They had for more than a century before been regarded as beings of an inferior order; and altogether unfit to associate with the white race ...; and so far inferior, that the negro might justly and lawfully be reduced to slavery for his benefit. .... [A]ccordingly, a negro of the African race was regarded ... as an article of property, and held, and bought and sold as such.... *1046 Scott v. Sandford, 60 U.S. (19 How.) 393, 405, 407–08, 15 L.Ed. 691 (1857) quoted by, Marshall, The Constitution’s Bicentennial: Commemorating the Wrong Document? 40 Vand.L.Rev. 1337, 1340 (1987). The emancipation of the African American as property was accomplished at the conclusion of the Civil War with the ratification of the Thirteenth Amendment to the United States Constitution. The prize of freedom was effectively denied however, by the enactment of the Black Codes whose intent was the continued subordination of Record citations will be abbreviated as follows: the newly freed slave. One of the forms of subordination was the rigid control by whites of black education. Most Trial Transcripts—[Witness] (date) [page]; e.g., Jones whites wanted blacks educated, if at all, only to the (10/10/90) 13. minimum level necessary to provide semi-skilled labor. Exhibits—[Party]X [no.], p. __; e.g., UASX 1000, p. Black educational institutions were under the complete 13.