Minneapolis spokesman. [volume] (Minneapolis, Minn.) 1934-2000, 1948-01-16

70 students Of other races.
Fred Hansen, assistant attorney
general Of Oklahoma, argued that
II Miss Sipuel had made application
to the Board Of Regents for Higher
Education for q course In Law, that
course would have been established
at LangstOn University.
Justices Quls Lawyer
Justice Wiley Rutledgs asked
him TO whom would other apph-
eants apply.
Mr.. Hansen replied that other
students can ret into the Univsr-
sity Of Oklahoma by applying TO
the university. but eolorod students
have to 20 10 the Board Of Regents
for Higher Education and ask for .
school. II the board refused 10 open
. separate school. he said, she
would be entitled 70 enter the Uni
vsrsity Of Oklahoma.
Pointing out that Miss Sipusl
had applied for admission to the
University Of Oklahoma two years
ago. Justice Hugo Black asked why
hadn't . school been opened for
her.
II do not believe she wanted TO
attend q separate law school," Mr..
Hansen answered, adding that he
believed she preferred TO attend
white law school.
Justice Jackson Chides Attorney
you're the attorney for the
State Of Oklahoma" said Justice
Robert H. Jackson. This thing has
been in litigation for two years.
No steps have been taken except
10 defer her 10 some indefinite
period. The State has known for
two years that she wanted TO study
law and not a step has been taken"
Mr., Hansen replied that he did
not think the State was required
under law to take any steps.
Then, why keep her out Of the
University Of Oklahoma z" Justice
Jackson asked.
In reply, Mr.. Hansen argued at
length that the State Of Oklahoma
was not required to set up a sep
arate school or course Of study for
colOred students every time IL set
up one for white students and
maintain the colorSd school or
course Of study, even though there
was not an applicant for admission
to IL, In order that the school or
course Of study would be available
when one applied. He intimated
that that was too high u cost for
segregation.
Left Courtroom
His argument concluded, Mr..
Hansen left the courtroom imme-
diately and Maurice II. Merrill. act
ing dean Of the law school at the
University Of Oklahoma. took up
the argument.
Justice RutIedRe remarked that
the difference In procedure for
white and colored applicants for
admission 70 the University of
Oklahoma would raise In his mind
whether that 10 substantial equal
ity Of facilities"
Dean Merrill said Oklahoma was
one Of seventeen States maintain
ing . policy Of segregation. and
Miss Slpusl was not willing TO
swear she would abide by II.
why should she be required 70
swear 10 abide by something that
white people do not swear they viii
abide BY" asked Justice Jackson.
Justice Felix FrankfuTtsr, the
aeademician Of the Supreme Court
bench. limited that he favored send
ing the case back 70 Oklahoma Off
cials with q mandate that II be de-
eided by one Of four msthods: az
establish q segregated law school,
(2) have segregated instruction IN
the University Of Oklahoma, (5D
have temporary mixed instruction
In the University Of Oklahoma I'M
I'll . separate institution IL sstab-
lished, or az have permanent
mixed instruction.
UnhsSkIed, Mr.. Marshall made
the closing argument In the case
In behalf Of Miss sipusl.
The argument Of the ease was
begun last Tuesday afternoon In
behalf Of MiSs Sipusi, By Amos r.
Hall. an attorney Of Tulsa, Okla
bona, who qualified for admission
10 the Oklahoma bar without ever
attending Q law school.
He commended that the facts In
Miss sipusPs ease were identical
with the facts In the Gaines ease.
Miss sipusl applied January II,
1919, for admission 10 the Unfysr-
sity Of 0klahOrna Law school for the
semester beginning January Is.
1916. Her qualifications for admis-
sion were unqusstioned and, except
for the fact that abe 10 soioFsd. she
would have been admitted.
The State Of Oklahoma has no
provision for legal training Of col.
Orsd psrsoas within the State bot
operates an Ogt-Of-ststs scholarskip
plan for thoss wishing lsgal and
Othar professional training.
Miss siposi sued In ths District
C0uT1 81 Clevalmnd County, OkIa-