Texas Attorney General Opinion: O-7126 Page: 1 of 4
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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GROVER SELLERS
ATTORNEY GENERAL
Honorable T. S. Painter
Acting President
University of Texas
Austin, Texas
Dear Sir: Opinion No. 0-7126
Re: Whether a person of negro
ancestry, otherwise quali-
fied for admission into the
University of Texas, may be
legally admitted to that
institution.
In your letter of February 26, 1946, you have requested
an opinion from this office relative to the above subject.
The facts which have occasioned your request may be
briefly summarized. A negro, Reman Marion Sweatt, of Houston
Texas, has applied for admission as a student in the law school of
the University of Texas, claiming that the University is the only
state institution of higher learning in this State furnishing faci-
lities and instruction for the proper training in the profession of
law. The applicant, who is a citizen of Texas, is scholastically
qualified for admission. When making the application, Sweatt was
accompanied by a committee representing the interests of the negro
citizens of this State in procuring immediate public higher educa-
tional facilities and instruction for negroes in various profession.
It appears from your letter that this is to be a test case, and
that the case of State ex rel. Gaines v. Canada (305 U.S. 337, 59
S. Ct 232, 83 L Ed 208) is relied upon as authority for the
position of the applicant and the committee. It isa also noted that
it has not been the policy of the University to admit negroes as
students and that this is probably the first instance in which a
negro has presented himself for registration as a student.
In this opinion, it has been assumed that the applicationwas made in good faith-and the question presented has been determined
on a consideration of (1) the law of Texas regarding the separation
of races in institutions of higher learning and (2) a consideration
NO COMMUCATon IS TO BE CONSTRUED AS A DEPARTMW41TAL OPINION UNLESS APPROVED BY THE ATTORNEY GENERAL OR FIRST ASSISTANT
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-7126, text, March 16, 1946; (https://texashistory.unt.edu/ark:/67531/metapth264403/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.