A black student is seeking a writ of mandamus to compel his admittance to the University of Tennessee. The defendants are the University of Tennessee, its President and Deans, and the members of its Board of Trustees. Five other black students filed petitions for the same relief. The petitioners allege that they are qualified to enter the University of Tennessee, the training provided at the University is not available to black students in any other state-supported institutions, and they have been denied access because of their race, which is a violation of their constitutional rights. The defendants argue that the students were seeking to compel them to violate the criminal statutes of Tennessee (making school integration a misdemeanor). Section 11395 of the Code of Tennessee prohibits integrated education. Race separation for education does not infringe the rights guaranteed by the Fourteenth Amendment of anyone if substantially equal instruction and training are offered in the state to students of both races. Chapter 43, Public Acts 1941, of the General Assembly of Tennessee, will provide educational training and instruction for black citizens of Tennessee equivalent to that provided by the State at the University of Tennessee. The Act says, “That the State Board of Education and the Commissioner of Education are hereby authorized and directed” to provide such equivalent training and instruction. No discretion is vested in the State Board of Education under the Act as to the performance of its mandates. The way of providing educational training and instruction for black citizens equivalent to that provided for white citizens at the University of Tennessee is for the Board of Education to determine, and equivalent instruction is mandatory. The Board must provide black students with equal facilities of instruction in such subjects as that enjoyed by the students of the University of Tennessee. The State Board of Education is entitled to reasonable advance notice of the intention of a black student to require such facilities. No such advance notice by appellants is shown in the record. Funds are not available for the establishment of the desired training and instruction. The cost of providing such facilities shall be paid out of the appropriations made to the State Board of Education. The State Board of Education is not seeking to evade its duties. The state having provided a complete method so that black students may obtain educational instruction equivalent to that provided at the University of Tennessee, a decision of the issues made in the consolidated causes becomes unnecessary and improper. The legislation of 1941 took no rights away from appellants. We find no merit in any of the assignments of error. The appellants will pay the costs incident to the appeal.