<P> Prior to the Second Morrill Act, 17 states excluded blacks from access to the land grant colleges without providing similar educational opportunities . In response to the Second Morrill Act, 17 states established separate land grant colleges for blacks which are now referred to as public historically black colleges and universities (HBCUs). In fact, some states adopted laws prohibiting schools from educating blacks and whites together, even if a school was willing to do so . (The Constitutionality of such laws was upheld in Berea College v. Kentucky, 211 U.S. 45 (1908).) Under the' separate but equal doctrine', blacks were entitled to receive the same public services and accommodations such as schools, bathrooms, and water fountains, but states were allowed to maintain different facilities for the two groups . The legitimacy of such laws under the 14th Amendment was upheld by the U.S. Supreme Court in the 1896 case of Plessy v. Ferguson, 163 U.S. 537 . The Plessy doctrine was extended to the public schools in Cumming v. Richmond County Board of Education, 175 U.S. 528 (1899). </P> <P> Although the Constitutional doctrine required equality, the facilities and social services offered to African - Americans were almost always of lower quality than those offered to white Americans; for example, many African American schools received less public funding per student than nearby white schools . In Texas, the state established a state - funded law school for white students without any law school for black students . </P> <P> In 1892, Homer Plessy, who was of mixed ancestry and appeared to be white, boarded an all - white railroad car between New Orleans and Covington, Louisiana . The conductor of the train collected passenger tickets at their seats . When Plessy told the conductor he was 7 / 8ths white and 1 / 8th black, he was advised he needed to move to a coloreds - only car . Plessy said he resented sitting in a coloreds - only car and was arrested immediately . </P> <P> One month after his arrest, Plessy appeared in court before Judge John Howard Ferguson . Plessy's lawyer, Albion Tourgee, claimed Plessy's 13th and 14th amendment rights were violated . The 13th amendment abolished slavery, and the 14th amendment granted equal protection to all under the law . </P>

Who boarded the white car on a train leading to the separate but equal doctrine