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474 POWERS Estrada and Wirin also claimed that the Tolleson School District discriminated against Mexican American students by providing them with unequal facilities. The differences in the quality of the two facilities was described in the testimony of 20-year-old Manuel Pena, Jr., a former student of Unit No. 1 school who had observed Unit No. 2 being built. Manuel explained: Unit No. 1 is approximately three blocks. The building itself is red brick . . . It has a cooling system, has a heating system; they have showers for their children. They have a modern gym. The seats in the school are modern seats, not like any other school. On the grounds they have shade, they have trees. The grounds are well kept. They have flood lights for night games. They have benches under the—benches and tables under the trees where the children eat their lunch at noon. The streets around the school are paved. They have slides and swings for the children there so they can amuse themselves on their recreation periods. The school rooms itself are large rooms, not like the other school. The toilet facilities are modern. That school is a modern school. (Reporter’s transcript, 1951, pp. 51–52) In stark contrast: The school building of Unit No. 2 covers approximately . . . two blocks. The building itself is stucco. It has no cooling system, has a heating system. There are no screens in the windows; there are no shades—there is no trees on the ground, the grounds are not well kept, and the children have nothing to amuse themselves on the grounds. They have no playthings on the grounds. They have no showers, have no gymnasium. Also, there is a dirt road running approximately 30 feet from the school. There is a lot of traffic on the road. It raises dust and it flies . . . [witness’ testimony interrupted by defense attorney’s objection]. (Reporter’s transcript, 1951, p. 50) There are three notable features of the Gonzales hearing. First, the hearing exposed the slippage between the district’s stated rationale for segregating Mexican American students and how segregation was practiced. While Dyer justified the policy by invoking Mexican American students’ language needs, the district never tested students’ ability to speak English before entering school nor would it transfer students from Unit No. 2 to Unit No. 1 if they had shown adequate progress in learning English. Moreover, Dyer’s repeated assertions of group differences in intelligence echoed the conclusions of the social scientists in the first decades of the twentieth century who used newly developed intelligence tests to confirm their own assumptions about racial differences in intelligence (Blanton, 2003). Second, the hearing revealed how the district was not even providing Mexican American students in Tolleson with a “separate but equal” school. While the districts’ lawyers objected to the testimony about the quality of the two facilities—and Manuel

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