In his will dated February 16, 1830, Stephen Girard, a Philadelphia merchant, asserted that his fortune should be used to open a school for disadvantaged white males between six and eighteen years of age. Thus, when the Girard College opened in 1848, it
was fashioned according to Girard's specifications: enrollment was limited to disadvantaged white males, typically orphans.
In the 1930s, plaintiffs represented by Raymond Pace Alexander, a
distinguished African American attorney and member of Philadelphia City
Council, challenged Girard's vision. The plaintiffs held that the College was an institution that was "municipal in nature", either as a public boarding school or an orphanage; even though it was not part of the Philadelphia public school system, Girard
College was administrated by the Board of City Trusts as a public
institution and, therefore, required to abide by federal laws. Thus, the plaintiffs argued that the school was practicing racial discrimination, and this practice was unconstitutional.
Mayor Joseph Clark and City Council President James Finnegan, both ex-officio members of the Board of City Trusts, tried to persuade the Girard College board to admit the young men and postpone a decision by the courts. However, the other board members did not agree and maintained that Girard's will superseded, as well as antedated, both the Brown vs. Board of Education decision and the 14th Amendment to the Constitution. Lengthy litigation ensued through state and federal courts in Pennsylvania. By the mid-1960's this dispute had produced tremendous public agitation in the community and resulted in numerous civic demonstrations just outside of the Girard College walls.
In the end, a final ruling and affirmation by the Supreme Court of the United States found Girard's will to be immaterial; as long as the candidate was non-white and attempting to gain access to a public institution, he could not be denied on the grounds of his ethnicity. (more)
