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Title 7 — AgricultureRelease 119-73

§323 Racial discrimination by colleges restricted

Title 7 › Chapter CHAPTER 13— - AGRICULTURAL AND MECHANICAL COLLEGES › Subchapter SUBCHAPTER II— - COLLEGE-AID ANNUAL APPROPRIATION › § 323

Last updated Apr 6, 2026|Official source

Summary

Federal money cannot be paid to a State or Territory for a college that uses race or color to decide who can enroll. However, having separate colleges for white students and for colored students is allowed if the federal funds for that State are split fairly between the two schools. If a State already had one college under the earlier part of this law and, by August 30, 1890, also had a separately state-aided school for colored students in agriculture and mechanic arts, the State legislature can send the Secretary of Agriculture a plan to divide the funds fairly. If the funds are split as proposed, the school for colored students gets the same federal support and must follow the same rules as the other college.

Full Legal Text

Title 7, §323

Agriculture — Source: USLM XML via OLRC

No money shall be paid out under this subchapter to any State or Territory for the support or maintenance of a college where a distinction of race or color is made in the admission of students, but the establishment and maintenance of such colleges separately for white and colored students shall be held to be a compliance with the provisions of said sections if the funds received in such State or Territory be equitably divided as hereinafter set forth: Provided, That in any State in which there has been one college established in pursuance of subchapter I of this chapter, and also in which an educational institution of like character has been established, or may be hereafter established, and is on August 30, 1890, aided by such State from its own revenue, for the education of colored students in agriculture and the mechanic arts, however named or styled, or whether or not it has received money prior to August 30, 1890, under said subchapter I, the legislature of such State may propose and report to the Secretary of Agriculture a just and equitable division of the fund to be received under this subchapter between one college for white students and one institution for colored students established as aforesaid, which shall be divided into two parts and paid accordingly, and thereupon such institution for colored students shall be entitled to the benefits of said sections and subject to their provisions, as much as it would have been if it had been included under subchapter I of this chapter, and the fulfillment of the foregoing provisions shall be taken as a compliance with the provision in reference to separate colleges for white and colored students.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section constitutes part of section 1 of act Aug. 30, 1890. Remainder of section 1 is classified to section 322 of this title.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For

Transfer of Functions

under this section to Secretary of Agriculture, see note set out under section 321 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 323

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73