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52 S. Tex. L. Rev. 1 (2010-2011)
Keep Negroes out of Most Classes Where There are a Large Number of Girls: The Unseen Power of the Klux Klan and Standardized Testing at the University of Texas, 1899-1999

handle is hein.journals/stexlr52 and id is 3 raw text is: KEEP NEGROES OUT OF MOST CLASSES WHERE THERE ARE A LARGE NUMBER OF GIRLS: THE UNSEEN POWER OF THE Ku KLUX KLAN AND STANDARDIZED TESTING AT THE UNIVERSITY OF TEXAS, 1899-1999 THOMAS D. RUSSELL' I. INTRODUCTION: RESPONSE TO BROWN .. ...................1 II. WILLIAM STEWART SIMKINS: KLANSMAN AND LAW PROFESSOR ............................................2 III. JIM CROW EDUCATION IN TEXAS .............4..........4 IV. COLONEL SIMKINS BECOMES PROFESSOR SIMKINS ..................5 V. SEPARATE BUT EQUAL...............6.............6 VI. SWEATT V. PAINTER ............................. ............ 1 1 VII. COLONEL SIMKINS AND HIS UNSEEN POWER ............. 12 VIII. HEMAN SWEATT GOES TO LAW SCHOOL .................. 13 IX. PROFESSOR SIMKINS AND THE Ku KLUX KLAN ............. 15 X. ADMISSIONS PRACTICES AT THE UNIVERSITY OF TEXAS ........20 XI. THE NAMING OF SIMKINS HALL .........................28 XII. DISCRIMINATION THROUGH STANDARDIZED TESTING......29 XIII. CONCLUSION: HONORING SIMKINS .......................34 I. INTRODUCTION: RESPONSE TO BROWN Nine days after Chief Justice Earl Warren issued the United States Supreme Court's 1954 opinion in Brown v. Board of Education, the University of Texas's registrar and dean of admissions-a man named Henry Y. McCown-wrote to University of Texas President Logan Wilson I. Professor, University of Denver Sturm College of Law; J.D. (1989), Stanford Law School; Ph.D. History (1993), Stanford University. trussell@law.du.edu; www.HouseofRussell.com. A version of this essay appears in LAW, SOCIETY, AND HISTORY: THEMES IN THE LEGAL SOCIOLOGY AND LEGAL HISTORY OF LAWRENCE M. FRIEDMAN 309 (Robert W. Gordon & Morton J. Horwitz, eds., 2011), and I presented an early draft of the paper at the Conference and Festschrift in Honor of Lawrence Friedman, Stanford Law School (30 September - 1 October 2005). I thank Lawrence Friedman for being an exceptional scholar, teacher, and friend. I dedicate this work to the memory of two great scholars. John Hope Franklin (1915- 2009), a teacher of mine for one semester at Stanford Law School, was a great historian and great American. I cherish the memory of visits to his home in North Carolina, where we talked about history, and he gave me advice about orchids, among other things. Not quite a year before Professor Franklin's death, the world lost the greatest law librarian ever, Professor Roy M. Mersky (1925-2008). Professor Mersky was a good friend and supporter of my historical research during the decade that I was a member of the Texas faculty. Professors Franklin and Mersky were staunch advocates of civil rights, history, and scholarship throughout their lives. 1

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