1947, Austin American, March 27, 1947.  Reprinted with permission of the Austin American Statesman

New Hearing Seen for Sweatt In 126th Court

Negro's Briefs Hint Segregation Angle To Be Featured

By The Austin American Capitol Staff

Another hearing for HemanMarion Sweatt in the 126th District Court loomed Wednesday, probably during the week beginning April 14. Judge Roy Archer indicated he would move without delay to take up again the case of the Houston Negro who wants to enter the University of Texas School of Law

The Sweatt case, becoming marked nationwide as an important test of Texas segregation laws, went back to the trial court without any judicial review on part of the Third Court of Civil Appeals. Both the State and Sweatt's attorneys agreed to the remanding, which was without prejudice to either side.

The State's purpose in asking that the case be sent back. Attorney General Price Daniel explained, was to get into the record new facts concerning higher education for Negroes in Texas. Passage of a bill to establish a state Negro university at Houston and opening of a new school for Negroes here, staffed by University of Texas faculty members, are the most important development since last December when Judge Archer refused Sweatt an order that would have forced the University to admit him.

(It was believed that Sweatt's attorneys did not object to the move because they also want the present situation considered by the higher courts. Briefs filed in the appeal indicate that they hope to prove educational segregation unconstitutiona, even if equal opportunities are provided for the two races.)

Spectators, mostly Negroes, pack the appellate court's small hearing room Wednesday and milled outside during the brief hearing.