St. Paul recorder. [volume] (St. Paul, Minn.) 1934-2000, 1948-01-16
Supreme Court Orders
Oklahoma to Provide
Law Course for Negro

WASHINGTON, d. c., Jan. IL
(NNPA)-The United States Su-
preme Court Monday decided that
Miss Ada Lois Sipuel, whose appli-
cation for admission TO the Uni
versity Of Oklahoma Law School
was rejected because she Is eolored,
must be furnished legal education
by the State Of Oklahoma as quick
ly as it does for applicants Of any
other group.
The mandate Of the court was is
sued Immediately and sent last
Monday by air mail to the Supreme
Court of Oklahoma.
The case had been under con-
sideration by the high tribunal only
since last Thursday. Its quick de-
cision was indicated by Justice
Felix Frankfurter during argument
of the case last Thursday in his
questioning Of counsel for the Stats
as to what action the State would
take II the case should be remanded.
The State may take one Of four
courses to comply with the deci-
sion: ~ it may establish a segre-
gated law school, (2) it may have
segregated instruction in the Uni
versity Of Oklahoma, (3) it may
have temporary mixed instruction
in the University Of Oklahoma until
a separate institution is established,
or ~ it may have mixed instruc-
ton.
Arguing the case of Miss Lois
Sipuel, a graduate Of Langston
University, who was denied admis-
sion to the law school at the Uni
versity of Oklahoma, Thurgood
Marshall, special counsel for the
National Association for the Ad-
yancement of Colored People, urged
the high tribunal to declare in its
opinion that the only way the State
of Oklahoma can comply with the
United States Constitution is by
admitting her to the existing white
law school.
Oklahoma Attorney Grilled
Subjecting counsel for the State
of Oklahoma to a severe grilling as
to why the State did not admit
Miss Sipuel to the University of
Oklahoma law school, the court in
dicated it's agreement in principle
with Mr.. MarshalPs argument, but
did not indicate how far it would
go in its opinion in establishing
rules to be followed in the admis-
sion of colored students to white
State-supported universities for
courses which are not offered at the
corresponding colored institution.
In his argument Mr.. Marshall
stressed the difference in treatment
of white and colored applicants for
enrolment in the University Of
Oklahoma. A white applicant would
apply to the registrar at the Uni
versity and would be admitted If he
met the moral and scholastic quail
fications, Mr.. Marshall said.
Under the decision Of the Okla
homa Supreme Court in Miss Sip
ueTs case, Mr.. Marshall added, a
colored applicant would be required
to apply to the Board of Regents
for Higher Education and the board
would set up a law school when it
has notice that a colored person
wished to take law and when there
has been a showing that there
would be patronage for the separate
law school.
~ do not believe that this court
will ever say that Negro is re-
quired to ask for segregation or to
sit by and wait" for the establish
ment of a separate school for his
training at some indefinite date,
which will be equal in all points
books, faculty, curriculum and ira
dition, Mr.. Marshall said.
Mr.. Marshall asked the court to
take judicial notice Of the fact that
the Oklahoma legislature has met
since this case was pending and
nothing has happened"
He said he could not understand
how counsel for the State Of Okla
homa could, in this day and year
ask the United States Supreme
Court to affirm 0klahoma's policy
of segregation when the very poll
cy of segregation asked to be af-
firmed denies petitioner her rights
under the Fourteenth Amendment"
Discussing the doctrine Of "sep-
arate but equal" facilities, Mr.,
Marshall contended that it was not
involved in the case. He said he
understood that doctrine to mean
the comparison of something with
something, but in the instant case
the State Of Oklahoma was offering
eolored students nothing.
He charged that the decision in
the Gaines case has been whitfield
down" until Southern States now
take the position that they will
offer the colored student nothing
but place upon him the duty to
apply to some outside agency and
take the chance Of getting his
rights at some other time.
While counsel for the State of
Oklahoma were making their argu-
ments, the justices repeatedly
asked why was it necessary for
Miss Sipuel to have to come all the
way to the United States Supreme
Court to get into the University of