Florida
In April of 1949, Benjamin F. Finley, a Black student, applied to the University of Florida to enter graduate school and study agriculture. He was qualified in all aspects but was denied admission because of his race. He took his case to the Supreme Court of Florida. Finley claimed that the University of Florida was the only tax-supported university in the state that offered agricultural courses for graduate students. He argued that the refusal to admit him because he was Black was illegal, and a denial of the equal protection of the laws guaranteed to him by the Fourteenth Amendment. The Board claimed they offered Finley the opportunity to receive instruction in a graduate school of agriculture at a university or college outside of Florida where Black students were eligible for admission. As an alternative, they offered to enroll him at the Florida Agricultural and Mechanical College. The Court ruled that every question raised in this case had been considered and decided in the case, Hawkins v. Board of Control (1950), and Finley lost the case.
The relator Benjamin F. Finley, is qualified in all aspects to be admitted to the University of Florida, except that he was denied by the State Board of Control because he is black (the University of Florida is maintained exclusively for white students). In April 1949 Finley applied for admission to the University of Florida to enter the graduate school for the study of agriculture. Because of his denial, he instituted this mandamus action, saying the University of Florida is the only tax-supported university in the State that offers courses of agriculture for graduate students. He says the refusal of the governing authorities to admit him because he is black is illegal and a denial of the equal protection of the laws guaranteed him by the Fourteenth Amendment to the Federal Constitution. The Board offered him the opportunity to secure instruction in a graduate school of agriculture at a university or college outside the State of Florida, where black students are eligible for admission. As an alternative, they offered to enroll him at the Florida Agricultural and Mechanical College. Every question raised has been considered and decided by this Court in State ex rel. Hawkins v. Board of Control, supra, and it follows that the opinion and judgment rendered in that cause should control the disposition the should be made of the case at bar.
Photograph of Richard W. Erwin, who was the Attorney General and on the legal team of the repsondents.
Photograph of Florda Supreme Court Justice Harold L. Sebring, who wrote the majority opinion for the case.
Photograph of Alex Akerman Jr., who was the attorney for the relator.