St. Paul recorder. [volume] (St. Paul, Minn.) 1934-2000, 1948-01-16

to the Board Of Regents for Higher
Education for q course in law, that
course would have been established
at Langston University.
Justices Quiz Lawyer
Justice Wiley Rutledge asked
him to whom would other appli-
eants apply.
Mr.. Hansen replied that other
students can get into the Univer-
sity Of Oklahoma by applying to
the university, but colored students
have to 60 to the Board Of Regents
for Higher Education and ask for q
school. II the board refused to open
a separate school, he said, she
would be entitled to enter the Uni.
versity Of Oklahoma.
Pointing out that Miss Sipuel
had applied for admission to the
University Of Oklahoma two years
ago, Justice Hugo Black asked why
hadn't q school been opened fol
her.
81 do not believe she wanted Il
attend a separate law school," Mr.
Hansen answered, adding that HI
believed she preferred to attend &
white law school.
Justice Jackson Chides Attorney
You're the attorney for thu
State Of Oklahoma" said Justie'
Robert H. Jackson. 'This thing hai
been in litigation for two years
No steps have been taken except
to defer her to some indefinite
period. The State has known fol
two years that she wanted to study
law and not a step has been taken.
Mr.. Hansen replied that he die
not think the State was required
under law to take any steps.
"Then, why keep her out of the
University of Oklahoma?" Justice
Jackson asked.
In reply, Mr.. Hansen argued al
length that the State of Oklahoms
was not required to set up a sep,
arate school or course Of study fol
colored students every time it sci
up one for white students anC
maintain the colored school OF
course of study, even though there
was not an applicant for admission
to it, in order that the school OF
course of study would be available
when one applied. He intimateC
that that was too high a cost fol
segregation.
Left Courtroom
His argument concluded, Mr.
Hansen left the courtroom imme
diately and Maurice H. Merrill, act
ing dean Of the law school at thC
University of Oklahoma, took W
the argument.
Justice Rutledge remarked thai
the difference in procedure fol
white and colored applicants fol
admission to the University o.
Oklahoma would raise in his mine
whether that is substantial equal.
ity Of facilities"
Dean Merrill said Oklahoma was
one of seventeen States maintain.
ing a policy Of segregation, ant
Miss Sipuel was not willing t
swear she would abide by it.
"Why should she be required t.
swear to abide by something tha'
white people do not swear they viii
abide by?" asked Justice Jackson.
Justice Felix Frankfurter, the
academician Of the Supreme Court
bench, limited that he favored send
ing the case back to Oklahoma off.
cials with a mandate that it be de,
cided by one Of four methods: u
establish a segregated law school
(2) have segregated instruction il
the University Of Oklahoma, g.
have temporary mixed instruction
in the University of Oklahoma un
til a separate institution is estab,
lished, or az have permanent
mixed instruction.
Unheckled, Mr.. Marshall mad,
the closing argument in the cast
in behalf of Miss Sipuel.
The argument of the case wal
begun last Tuesday afternoon il
behalf Of Miss Sipuel, by Amos T
Hall, an attorney of Tulsa, Okla
homa, who qualified for admission
to the Oklahoma bar without evel
attending a law school.
He contended that the facts il
Miss SipuePs case were identiea
with the facts in the Gaines case
Miss Sipuel applied January II
1916, for admission to the Univer
sity Of Oklahoma law school for the
semester beginning January 15
1916. Her qualifications for admis,
sion were unquestioned and, except
for the fact that she is colored, she
would have been admitted.
The State Of Oklahoma has NJ
provision for legal training Of col
ored persons within the State but
operates an out-of-state scholarship
plan for those wishing legal anG
other professional training.
Miss Sipuel sued in the District
Court Of Cleveland County, Okla.
homa, for a writ Of mandamus 10
sompel her admission to the Uni