The Omaha guide., 1933-04-08
MANDAMUS IN N. CAROLINA
~" CASE DENIED; TO APPEAL
DECISION
Three Young Colored NAACP. At
torneys Oppose State Attorney
General and Two Aides in Durham
Courtroom in Effort to Open
Professional School to Negro
Students

Durham, n. C,-After a dramatic
and intense two-day legal battle here,
Judge III. v. Barnhill on March 18th
denied a petition of mandamus
brought by Thomas r. Hocutt, a col
ored youth who sought to be enrolled
in the school Of pharmacy Of the
University Of North Carolina. Hocutt
sought an order from the court direct
ing the university to admit him as a
student. The judge held that the petit
ton Of mandamus was not the prop
er method of seeking relief.
Denial of the mandamus was ex-
pected by all parties and was pre-
dicted before the suit was filed. The
attorneys for Hocutt Immediately fill
ed notice of appeal and are preparing
the papers for the higher court. At
torneys for the NAACP. in Washing
ton and New York are studying the
opinion. This suit is only the first
step in a legal fight to secure pro
fessional training for Negroes in N.
Carolina and other southern states.
Judge Says Color Barred Hocutt
Judge Barnhill. regarded as the
best trial judge in this section of N
Carolina, in his opinion made the Wit
all important point that in his Judge
ment Hocutt's admission to the uni
verslty was denied on the sole ground
that he was a person Of African des-
cent. Judge Barnhill also declared
that Hocutt had made due %appIica-
ton to the university to be admitted
On two other questions Of fact
which ne vas asked to decide. the
Judge answered in the negative. saw
ing that he did not believe Hocutt
complied with all the rules and regu-
lations in respect to such application
and that he did not believe Hocutt
had established a clear legal right to
the university as a student in pharm-
acy.
Drama In the Courtroom
The hearings were held in a court
room packed with colored and white
people. Conrad Pearson and Cecil Nc
Coy, young Durham lawyers, were
assisted by William H. HASTE of
Washington, D. c., sent down by the
National Association for the Ad-
vancement Of Colored People.
The young colored lawyers were
lined up against Dennis G. Brummitt.
Attorney General Of North Carolina,
A. A. F. Seawell, first assistant at
torney general and Victor Bryant.
local white lawyer.
Although the hearing was set for
Friday, it actually did not get under
way until Saturday. Friday was tax
en- up with conferences in the judges
chambers in which it was sought to
arrange a compromise. The attorney
general, as he said later in the rgu
ment, was for granting anything to
the Negroes if they would not ask
entrance to the sacred campus Of the
University Of North Carolina. No
compromise was reached and Satur-
day morning questioning Of witness
es began. Interest was high in the
case as HASTE, Immediately upon ar
irving on Thursday, had proceeded
with Mccoy and Pearson to issue
subpoenas for everyone, white and
black, connected with the case.
Other Courts Recess to Hear
So intense was the interest in the
case, the judge in the criminal court
recessed for Saturday morning and
practically all the members of the To-
cal bar, colored and white. were in
the room. The law faculty Of the uni
versity and Of Duke University was
present, as well as many students
from the two schools. The Negroes.
who had been running to cover under
the steady propaganda of whites in
the city and state. came out to see
the battle and their attitude changed