|©1950, Austin American, March 27, 1950. Reprinted with permission of
the Austin American Statesman
Sweatt Suit Called Broad Attack on All Racial Segregation
By Dawson Duncan - Austin Bureau of the News
AUSTIN, Texas. March 27. Atty. Gen. Price Daniel told the United States Supreme Court Monday that the suit of a Houston Negro to enter the University of Texas is a broad attack on all racial segregation.
Daniel advanced the argument in filing Texas' brief in the suit of Heman Marion Sweatt to force his admission to the University of Texas Law School
Sweatt's appeal from state court rulings against him is set for Supreme Court arguments next week. Daniel and his first assistant, Joe Greenhill, will argue the case for the state.
Attorneys for Sweatt, the Attorney General asserted, are asking the Supreme Court to reverse its rulings permitting separate but equal schools in all levels.
If the theory of Sweatt's attorneys are followed, Texas declared in its brief, "the court would overrule all of its historic decisions under which the states separate persons of the two races in public sanitariums, schools for the deaf and blind, homes for the aged and other institutions."
Daniel cited in support of his charge a brief filed by a CIO attorney in behalf of Sweatt.
In it the CIO attorney declared: Every argument here advanced against the validity of the Texas constitutional requirement of segregated education is equally applicable to all other segregation based on race differences."
Sweatt's suit is one of several attacking segregation in public schools and state parks filed by attorneys for the national association for advancement of colored people. It is the first from Texas to reach the Supreme Court.
Sweatt filed the suit four years ago. State courts upheld Texas' right to have separate schools if they were equal. That resulted in hurried creation of the Texas State University for Negroes at Houston.
Daniel told the court the Negro law school now meets standards of both the American Bar Association and American Association of Law Schools. Its accreditation by the latter depends on outcome of the suit. The bar association has approved it.
Already is has graduated one student who entered after the Sweatt case was filed. The graduate now has his law license.
If Sweatt had been really interested in obtaining a legal education, Daniel told the court, the could have had his license by now.
In the 127-page brief, Daniel cited nine decisions by the Supreme Court holding that separate schools are constitutional. He also pointed out like holding by lower federal courts in thirteen cases and by highest state courts in fifty-eight cases.
Texas public schools have won recent suits in federal court attacking segregation. Last month the Southern District Federal Court refused a Negro's plea for an order permitting him to attend the La Grange public school.
The Hearne school district also won a suit recently in the Western District Federal Court. In that case the court held under Texas constitutional provisions the school district was required "to furnish separate, but impartial and substantially equal facilities to both Negro and white students."