SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY

Index No. 154375-2013 In the matter of the Application of JPMorgan Chase Bank, N.A., Trustee of the Trust Created Under an Indenture of Trust Executed by Lydia C. Chamberlain MEMORANDUM IN on March 20,1920, for an Order Liberalizing and Modifying OPPOSITION TO PETITION the Provisions of Said Trust Pursuant to EPTL $ 8-1.1 (c)

COMES NOW the Interested Party LUCAS DANIEL SMITH, Pro se (hereinafter "Interested
Party No. 4"), and the Interested Party J. SMITH, Pro se (hereinafter "Interested Party No. 5"),

in the above captioned case and state the following in support of this Memorandum in Opposition to Petition.
day of May in the year 2013 a Petition was filed in the Honorable

On or about the

1Oth

Supreme Court of the State of New York, New York County, by JPMORGAN CHASE

BANK,

N.A., moving this Honorable Court to, essentially, alter a Trust executed (1920) by LYDIA C.

CHAMBERLAIN and modifu conditions of, and eliminate or exclude prerequisites of,
scholarships/fellowships known as the LYDIA C. RORBERTS GRADUATE FELLOWSHIPS
and the

LYDIA C. RORBERTS TRAVELLING FELLOWSHIPS.

Petitioner JPMORGAN CHASE BANK, N.A. seeks relief which includes categorically

eliminating and significantly modifying the following scholarship/fellowship prerequisites which

are listed under Requested Relief on pages 10 thru 13, section 12, subsection (a) and (b) of the above referenced Petition, to wit:

05.31.2013, Lucas Daniel Smith. Memorandum in Opposition to Petition. Index No. 154375-2013.

1,

(a) "The Lydia C. Roberts Graduute Fellowship shall be awarded only to persons of the

Cuucasian Fuce"
(b) "The Lydia C. Roberts Gruduate Fellowship shall be awarded only to person

... born

in the State of lowa, who, having been graduutedfrom a college or university located in the State of lowa"
Interested Party No. 4 and Interested Party No. 5 are both Caucasian Americans who were born in the State of Iowa in the 1980s to American citrzen parents. Interested Party No. 4 and Interested Party No. 5 have both studied at college/university in Iowa.

Interested Party No. 4 was also student at two universities in Repriblica Dominicana

(Dominican Republic) including PUCMM - Pontificia Universidad Cat6lica Madre y Maestra (Mother and Teacher Pontifical Catholic University) en la capital Santo Domingo la tiena mas linda del mundo entero.
Interested Party No. 4 is husband to una morenita Dominicana una chica tan bella, vacana,

mi amor preciosa, mi vida, mi cielo, mi reina, mi negra ya sabe que tE aMo mucho :*
Interested Party No. 4 has lived between the United States of America y la Reptiblica

Dominicana for more than a decade.

Interested Party No. 5 graduated from the University of Iowa with a Bachelor of Fine Arts

(BFA). Interested Party No. 5 was also

Rapids,Iowa.

a student at Kirkwood Community College in Cedar

Interested Party No. 4 and Interested Party No. 5 appear to be eligible for the LYDIA C.

RORBERTS GRADUATE FELLOWSHIPS as they appear to meet the three prong prerequisite

05.31,2013. Lucas Daniel Smith. Memorandum in Opposition to Petition. Index No. 154315-2013. 2

which stipulates that candidates must be (1) Caucasian, (2) born in the State of Iowa and (3)
educated at a college/university located in the State of

Iowa. Interested Party No. 4 and

Interested Party No. 5 are candidates for the LYDIA C. RORBERTS GRADUATE

FELLOWSHIPS. Moreover, Interested Party No. 4 and Interested Parly No. 5 will be
restrictively, punitively and discriminatorily injured if the Honorable Court grants the relief
sought by the Petitioner JPMORGAN CHASE BANK, N.A., which, essentially, asks the

Honorable Court to alter a Trust executed (1920) by LYDIA C. CHAMBERLAIN and modify

conditions of, and eliminate or exclude a three prong prerequisite which stipulates that
candidates must be (1) Caucasian, (2) born in the State of Iowa and (3) educated at a

college/university located in the State of lowa. Caucasian prereq uisite

The US Supreme Court has not ruled that race-based scholarships are unconstitutional, much
less at a private college or private university such as Columbia University. The last time that US Supreme Court ruled on anJthing with remote resemblance to race-based scholarships was

in

twin

cases:

GRUTTERv. BOLLINGER, 539 U.S. 306 (2003)

GRATZ v. BOLUI,{GER 539 U.S. 244 (2003)

In the Gratz case the Court said unconstitutional to University of Michigan's undergraduate affirmative action admissions policy. In a 6-3 decision announced on June 23,2003, Chief
Justice Rehnquist, writing for the Court, ruled the University's point system's "predetermined

point allocations" that awarded 20 points to underrepresented minorities "ensures that the

05.31.2013. Lucas Daniel Smith. Memorandum in Opposition to Petition. Index No.

I54375-20t3. 3

diversity contributions of applicants cannot be individually assessed" and was therefore unconstitutional. In the Grutter case the Court upheld the affirmative action admissions policy of the

University of Michigan Law School. Justice Sandra Day O'Connor, writing for the majority in
5-4 decision, ruled that the University of Michigan Law School had a compelling interest in

promoting class diversity. The court held that a race-conscious admissions process that may

favor "underrepresented minority groups," but that also took into account many other factors
evaluated on an individual basis for every applicant, did not amount to a quota system that would
have been unconstitutional under Regents of the UniversiQ of California v. Bakke, 438 U.S. 265

(1978) in which the Court ruled unconstitutional the admission process of the Medical School at the University of California at Davis, which set aside 16 of the 100 seats for "Blacks,"

"Chicanos," "Asians," and "American Indians" and established a separate admissions process for
those 16 spaces.

In the Grutter case the Court's majority ruling, authored by Justice Sandra Day O'Connor,
held that the United States Constitution "does not prohibit the law school's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body. " Yet, on page 1 0 of the Petition filed by

JPMORGAN Chase Bank, N.A., the Petitioners asserl that "Columbia UniversiQ is now

prohibited by law and (lniversity policy from discrimination on the basis of race.

" Affirmative

action admissions, by definition, imply that someone (likely a Caucasian) will be discriminated against on the basis of race.

05.31.2013. Lucas Daniel Smith. Memorondum in Opposition to Petition. Index No. 154375-2013. 4

Affirmative Action, as it is presently constructed, may have been relevant in 1960s, 1970s
and possibly the 1980s but

it

does not appear that

it still is. The focus may need to now shift

away from specific races/colors, to all races/colors who find themselves at an economic
disadvantase.

Poor (economically) white Americans or Caucasians are abundant, plentiful and in relatively large number in the State of Iowa. Up until recently when Interested Party No. 4 discovered the

Petition filed by JPMORGAN CHASE BANK, N.A. he was not aware of any
scholarships/fellowships geared to be awarded to Caucasians or anyone born in the State

of

Iowa. Interest Party No. 4 has, however, long

been aware of scholarships geared to be awarded,

exclusively and singularly, to students of color (non-white minorities) such as the Richard Eamer
Endowed Scholarship at Pepperdine University/Seaver College in Malibu, California.
Caucasians or white Americans are not elisible for the Richard Eamer Endowed Scholarshin.

In the year 2003 two conservative groups, the American Civil Rights Institute and the Center for Equal Opporlunity, sent letters to Pepperdine University/Seaver College challenging
Pepperdine's race-based scholarships and threatening litigation if the school did not open up

their programs to other all races. Pepperdine refused to budge. When Pepperdine refused to end
or alter its Richard Eamer scholarships, the two conservative groups filed a formal complaint
against Pepperdine with the Office for

Civil Rights of the U.S. Department of Education. The

complaint alleges that Pepperdine is in violation of the Civil Rights Act of 1964.The complaint
demands that the Education Department force Pepperdine to open the scholarship program to students of all races or risk losing its federal financial support.

05.31.2013. Lucas Daniel Smith. Memorandum in Opposition to Petition. Index No. 154375-2013.

A decade later, now the year 2013, the complaint

appears to

still be under consideration at

the U.S. Deparlment of Education and the Richard Eamer Endowed Scholarship is still available,

exclusively and singularly, to students of color.

Paradoxical or contradictory as it may sound after reading the Petition filed by JPMORGAN

CHASE BANK, N.A., moving the Honorable Court to categorically eliminate a race-based
prerequisite, Lee C. Bollinger, current President of Columbia University, is and long has been a

prominent advocate and proponent of race-based eligibility programs in public and private
educational institutions.

As referenced in the foregoing US Supreme Court cases Lee C. Bollinger was the named
defendant in the twin cases Gratz and Grutter in which the plaintiffs sought relief from

discriminatorily race-based eligibility programs.

Lee C. Bollinger is also the author of the books Uninhibited, Robust, and Wide-Open: A Free Press
(
1

for a New Century (2010), Images of a Free Press (1994)

and The Tolerant SocieQ

e88).

Born in the State of Iowa prerequisite

In support of Petitioner's request to significantly modify the prerequisite cited in the above
referenced subsection (b), Petitioners asset on page 12 of their Petition, very specifical1y, that
"

...Columbia University in unable to identifu which of its students were born in lowa.... " and

that because of that the scholarship/fellowship should be modified to be awarded to either one the following:

of

1.

"Persons who ure residents of the stute of lowa"

05.31.2013. Lucas Daniel Smith. Memorandum in Opposition to Petition. Index No. 154375-2013. 6

2.

Person who "have graduatedfrom a college or university

in the Stute of lowa"

Petitioner's positiorVargument that "... Columbia UniversiQ in unable to identifu which of its
students were born in lowa....

" is unequivocally inappropriate and unreasonable. Columbia

University does not need to identify which of its students were born in Iowa.
The only students or candidates who would need to submit evidence of birth place would be those students or candidates applying for the LYDIA C. RORBERTS GRADUATE

FELLOWSHIPS and the 'LYDIA C. RORBERTS TRAVELLING FELLOWSHIPS. Moreover, the number of students/candidates eligible for said fellowships/scholarships would be,
as the Petitioners seem

to assert, overall, in their Petition, relativeiy limited in number.

There is an official document which legally identifies a person's birth place and this document is available to individuals born in Iowa (or any State) and can provided by
students/candidates seeking the said scholarship/fellowship, in appropriate application, to

Columbia Universitv. This document in known as a Birth Certificate or a Certificate of Birlh and certified copies
can be obtained (in person or in mail), for a nominal fee, from county and state governments in

Iowa (or from any State).

Interested Party No. 4has a certified copy (State record) of his original certificate of birth (a

form which was originally filled out by the birth hospital and then forwarded to the Iowa
Department of Health) and a certified copy (County record) of his abstract of birth.

05.31.2013. Lucas Daniel Smith. Memorondum in Opposition to Petition. lndex No.

t54375-20I3.

Said state record indicates that Interested Party No. 4's mother lived at 1600 A Avenue NE,
Cedar Rapids, Iowa 52402, Linn County and that Interested Party No. 4 was born at the

University Hospitals, Iowa City, Iowa 52242, Johnson County.

A redacted certified copy of Interested Party No. 4's (Lucas Daniel Smith born 01.04.1980),
State of Iowa, Certificate of Live

Bifth (State record - copy of original), issued 06.16.2003, is A.

attached to this Memorandum In Opposition to Petition as Exhibit

A redacted certified copy of Interested Party No. 4's (Lucas Daniel Smith born 01.04.1980),
State of Iowa, Certificate of Live Birth (County record - abstract), certified copy issued

01.10.2003, is attached to this Memorandum In Opposition to Petition as Exhibit B.

Interested Party No. 4 notes here for historical record that his county government (Johnson

County, Iowa) abstract of birlh (Exhibit B) was also used in lieu of a US Passport when
Interested Party No. 4 conducted his very first journey to Repirblica Dominicana (Dominican

Republic) in April, 2003. Dominican entry and exit passport stamps are affixed to the back side of Interested Parly No. 4's abstract of birth (Exhibit B).

It is the position of Interested Parly No. 4 and Interested Party No. 5 that, at the time of the writing of this Memorandum in Opposition to Petition, every surviving (i.e., living) person who
was bom in the State of Iowa, has a government birlh record which is available to him or her via state or county governments within the State of Iowa.

Paee 7. section 9 of JPMORGAN CHASE BANK, N.A.. Petition

Petitioner assefts, on page 7, section 9,that "Due to a change in circumstances since the Trust's
execution in 1920, the Trust's restrictions on a candidate's eligibilityfor afellowship award

05.31.20L3. Lucas Daniel Smith. Memorandum in Opposition to Petition. Index No.

IS437S-20I3.

make

it impractical and/or impossible for Columbia [Iniversity to award a fellowship pursuant

to said restrictions."

As Interested Party No. 4 and Interested Party No. 5 have demonstrated in the foregoing
pages 1 thru 8 of this Memorandum in Opposition to Petition there really and truly is nothing

"impractical,"

and absolutely and categorically

nothing "impossible," abouLtthe"restrictions on

a candidate's eligibility " which is essentially a three prong prerequisite which stipulates that
candidates must be (1) Caucasian, (2) born in the State of Iowa and (3) educated at a

college/university located in the State of Iowa.

WHEREFORE Interested Party No. 4, Pro se, and Interested Party No.

5,

Pro se,

respectfully move this Honorable Court to considerer granting any and all relief which the
Honorable Courts deems appropriate and honorable including, though not limited to, the

followins:
Petitioner JPMORGAN CHASE BANK, N.A., has requested that a hearing be held at the New York County Courthouse, Room 130, on June 5, 2013, at 9:30 a.m., or as soon
thereafter that counsel can be heard for an Order. Interested Party No. 4, Pro se, and Interested Party No. 5, Pro se, have just relatively recently become aware of the Petition

filed by JPMORGAN CHASE BANK, N.A and request that such

a hearing not be

held or

scheduled for at least 90 (ninety) days from the date of the Honorable Court's receipt

of

this Memorandum in Opposition to Petition.

B. In order to meet the

filing deadline in Case Index No.

154375 -2013 Interested Party No.

4, Pro se, and Interested Party No. 5, Pro se have not had adequate time to marshal a defense and credible

& compelling supportive evidence. The foregoing impromptu

05.31.2013. Lucas Daniel Smith. Memorondum in Opposition to Petition. Index No. 154375-2013. 9

Exhibit A
Redacted certified copy of Interested Party No. 4's (Lucas Daniel Smith born 01 .04. 1 980), State of Iowa, Certificate of Live Birth (State record - copy of original), issued 06.16.2003.

05.31.2013. Lucas Daniel Smith. Memorandum in Opposition to Petition. Index No. 154375-2013. L3

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Exhibit B
Redacted certified copy of Interested Party No. 4's (Lucas Daniel Smith born 01.04.1980), State

of Iowa, Certificate of Live Birth (County record - abstract), certified copy issued 01.10.2003.

05.31.2013. Lucas Daniel Smith. Memorandum in Opposition to Petition. Index No, 154375-2013. L6