s a high school for colored children was held not to be a
sufficient reason for restraining the board from maintaining an existing
high school for white children, when the evidence did not indicate that
the board had proceeded in bad faith or had acted in hostility to the
colored race.[1164] A child of Chinese ancestry, who is a citizen of the
United States, is not denied equal protection of law by being assigned
to a public school provided for colored children, when equal facilities
for education are offered to both races.[1165]

Although the principle that separate but equal facilities satisfy
constitutional requirements has not been reversed, the Court in recent
years has been inclined to review more critically the facts of cases
brought before it to ascertain whether equality has, in fact, been
offered. In Missouri _v._ Canada[1166] it held that the State was
denying equal protection of the law in failing to provide a legal
education within the State for Negroes comparable to that afforded white
students. Pursuant to a policy of segregating Negro and white students,
the State had established a law school at the State university for white
applicants. In lieu of setting up one at its Negro university, it
authorized the curators thereof to establish such a school whenever in
their opinion it should be necessary and practicable to do so, and
pending such development, to arrange and pay for the legal education of
the State's Negroes at schools in other States. This was found
insufficient; the obligation of the State to afford the protection of
equal law can be performed only where its laws operate, that is to say,
within its own jurisdiction. It is there that equality of rights must be
maintained. In a later case the Court held that the State of Oklahoma
was obliged to provide legal education for a qualified Negro applicant
as soon as it did for applicants of any other group.[1167] To comply
with this mandate a State court entered an order requiring in the
alternative the admission of a Negro to the state-maintained law school
or non-enrollment of any other applicant until a separate school with
equal educational facilities should be provided for Negroes. Over the
objection of two Justices the Supreme Court held this order did not
depart from its mandate.[1168] After a close examination of the facts,
the Court concluded, in Sweatt _v._ Painter,[1169] that the legal
education offered in a separate law school for Negroes wa