The Omaha guide., 1935-09-07
University of Mary
land Raises Sex Issue

Annapolis, Aug. 23-The UNIVERSE
ty of Maryland has raised the sex
issue in its formal application to adj
vance the hearing of its appeal
against the writ Of mandamus issued
by the Baltimore City Court, June
25, 1885, ordering the University to
admit Donald Gaines Murray to its
School of Law. The Maryland Court
of Appeals is not scheduled to con-
vene until October, about one week
after the University Of Maryland
opens its fall term. Under ordinary
procedure, Murray would be already
m-atriculated in the School Of Law
when his appeal would be heard but
in an effort to keep him entirely out
the University of Maryland has ask
ed that the hearing on the appeal be
advanced to the last part of August
Oh the first of September so that a
decision by the Court Of Appeals can
be rendered prior to the opening Of
the school.
The petition recites that since the
writ Of Mandamus in Murray's case
several other Negroes have applied
for admission to the School of Law,
the PHARMACISTS School and the IN
der-graduate college; that there are
1000 students in the University Of
whom 500 are females, and H. C.
Bird, Acting President of the Uni
versity, states that he will not be
responsible for what happens in case
Negro students actually are admit
TED to the University. The petition
sets forth a letp>r f., RI a white a
enc George M. Quirk, a resident in
Washington, d. c., who writes to in
quire whether Negroes are to be adj
mitted and states that he has three
daughters enrolled IN the University
whom he wishes to remove from the
University if Negroes a1e to be adj
mitted. The University claims that it
is threatened with extensive loss of
students and that The consequent loss
of income will seriously curtail its
educational program
1t further states that separate
schools as the traditional policy of
Maryland and that separate schools
have Undoubtedly been a leading
cause Of the present amicable and
cooperative relations which exist in
this State between the two races"
The answer of the N. A. A. C. P.
raises nc objections to having the
case advanced but protests the at
tempt to befuddle the issue of con-
stitutional rights 1t points out that
there is nothing special to be gained
BY rushing the appeal because both
sides have Indicated they are going
to carry the case to the United States
Supreme Court. The answer states
that the issue Of constitutional rights
Is q personal issue which cannot be
measured in dollars and cents and
that the state cannot withhold the
benefits of Law from one citizen
simply because other citizens may
object. The answer further points out
thr illegality and inconsistency of
tho U~niversity's attitude which
would exclude Murray, a bona fide
citizen and resident of Maryland who
happens to be a Negro, in order that
5he white daughters of a white nom
resident Of the state may receive edu-
cation in the University which Muir
rays family help to keep up BY the
payment of taxes. It states that the
University a hardly expect Murray
to purchase amicable relations by
the surrender of his constitutional
rights. 1t further alleges that the
Acting President raised the sex issue
tc ~camouflage a deliberate attempt
t. deprive Murray Of his rights.