Houston Informer, October 5, 1946.  Used with permission of the Houston Informer

Givens Files Second Suit Against U.T.

AUSTIN—A second mandamus suit has been filed by Dr. Everett H. Givens, Austin dentist, seeking to force the board of regents of the University of Texas to establish a branch university for Negroes at Austin.

Dr. Givens’ suit is based on the grounds that he wishes to take a refresher course in dentistry and dental surgery, and that such instruction is not available to Texas Negroes. The petition charged that the Board of Regents "for more than 60 years has failed and neglected" to establish the branch and that "to this day said board of regents persists in such failure and neglect."

The suit filed by Dr. Givens was the second filed in Austin district court involving higher education for Negroes. The first was filed by Heman M. Sweatt, Houston letter carrier. In this suit, an unexpected judgment by Judge Roy C. Archer of 126th district court has directed that the University of Texas admit Sweatt as a student. However, Judge Archer withheld issuance of an order in the case until December 17 to give the state opportunity to provide a law course for Texas Negroes.