Florida Court Thwarts Hawkins Again

    PRESS RELEASE ®@® & 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND 
10 COLUMBUS CIRCLE + NEW YORK 19,N.Y. ¢ JUdson 6-8397 

DR. ALLAN KNIGHT CHALMERS ose THURGOOD MARSHALL 
Prosident Director-Counsel 

January 31, 19538 

FLORIDA COURT THWARTS HAWKINS AGAIN 

TALLAHASSEE, FLA.--U. S, District Judge Dozier A. DeVane this 

week refused to issue a temporary injunction enjoining the University 

of Florida from refusing to admit Virgil D. Hawkins to the University 

Law School in time for the start of the February 1958 term, The case 

has been before the Florida courts 8 years. Three times it has been 

before the U. S. Supreme Court. The U. S. Supreme Court, upon the 

third appeal, suggested that Hawkins take his case to the U. S. Dis- 

trict Court. 

The motion turned down by Judge DeVane on Tuesday, January 28, 

sought to restrain the University from excluding Mr. Hawkins pending 

final disposition of the action. It asked that Mr. Hawkins be admite 

ted by February h. 

Judge DeVane said he would not issue the order without a final 

hearing and refused to permit Mr. Hawkins? attorneys to present witnes- 

ses. He said such testimony was not necessary a& this time. 

Mr. Hawkins first applied for admission to the University of 

Florida Law School on May 13, 1919. Four other Negro students applied 

at the same time for admission to other schools and colleges of the 

University. They were all turned away because they were Negroes. 

The U. S. Supreme Court on two occasions ruled that Mr. Hawkins 

was entitled to immediate admission. Each time the Florida state 

court failed to order the University to admit him to the Law School. 

Finally, on October 14, 1957, the Supreme Court refused to review the 

third refusal of the state court to order the University to admit 

Mr, Hawkins and sent him to the federal court. 

Refusal to admit Hawkins to the Law School during the past 8 years 

"has resulted in irreparable injury to him," NAACP Legal Defense & 

Educational Fund lawyers for Hawkins argued. "The irreparable injury 

continues and shall continue until enjoined by this court," the law- 

yers pleaded. 



IS 

No date for the final hearing has been set. 

NAACP Legal Defense Fund attorneys for Hawkins are Thurgood 

Marshall and Constance Baker Motley of New York, and Frmcisco A. 

Rodriguez of Tampa, Fla. 

- 30 - 

January 31, 1958 

HEARING ON SAVANNAH PUBLIC HOUSING SUIT 

NEW ORLEANS, Jan. 30.--The Savannah public housing suit was argue. 

again today before the U. S. Court of Appeals for the Fifth Circuit 

in New Orleans. NAACP Legal Defense and Educational Fund attorneys 

seek to have the appellate court reverse the dismissal of the case by 

a federal district court in Savannah on July 19, 1957. 

The case was originally filed with the U. S. District Court for 

Southern Georgia on May 20, 1954, on behalf of 18 Negro families. 

Named as defendants in the suit are the Public Housing Administration, 

the federal public housing agency and the Savannah Housing Authority 

The suit was first dismissed on October 21, 1955 on motion of the 

defendants, NAACP Legal Defense Fund attorneys appealed the ruling 

and on November 30, 1956, the dismissal action was upset by the U. S, 

Court of Appeals and sent back to the district court for trial. After 

a full trial on the merits, the district court again dismissed the 

case. 

This case involves racial segregation in federally aided public 

housing and is the first case in which the federal agency has been 

joined as a defendant. Attorneys for the Negro families seek to en- 

join the racial segregation policy and to enjoin the use of federal 

funds for segregated projects. 

NAACP Legal Defense Fund attorneys in this case are Thurgood 

Marshall and Constance Baker Motley of New York, and A. T. Walden of 

Atlanta, Ga. 

= 30.4