|©Dallas Morning News, Thursday, October 28, 1948. Reprinted with the
permission of the Dallas Morning News
Texas High Court Denies Sweatt Rehearing Motion
Austin Bureau of The News
AUSTIN, Texas. Oct. 27. - The Texas Supreme Court gave a final setback Wednesday to Heman Marion Sweatt's court fight to enter the University of Texas. It overruled a motion for a rehearing in his case.
The Houston Negro, represented by the attorneys for the National Association for Advancement of Colored People, is considered certain to appeal to the United States Supreme Court.
Two routes of appeal to the United States Supreme Court are open to Sweatt's counsel. They can petition the Texas Supreme Court, which refused a writ of error, or the Third Court of Civil Appeals, which wrote the controlling opinion, to grant a writ of error to the Washington tribunal.
If the Texas courts should be unwilling to grant such a motion, which must be based on an allegation that there is a federal question involved, then Sweatt's lawyers could file his own appeal in the high court at Washington in the customary form of petition for certiorari (review).
With this motion granted the appeal would be perfected into the court of last resort which has been deciding a number of segregation cases in recent years.
The State Supreme Court has upheld an Austin court of civil appeals opinion that the state had complied with constitutional requirements by establishing separate, equal college facilites for whitea and Negroes.
The new State University for Negroes at Houston has a law school. Before it was estagblished, the state set up a temporary law school for Negroes at Austin, using University of Texas teachers.
Sweatt contends there is no such thing as "separate equality" and that segregation must be ended if Negroes get proper college education in Texas.