State ex rel. Hawkins v. Board of Control, 21138
| Decision Date | 15 June 1951 |
| Docket Number | No. 21138,21138 |
| Citation | 53 So.2d 116 |
| Parties | STATE ex rel. HAWKINS v. BOARD OF CONTROL et al. |
| Court | Florida Supreme Court |
H. E. Hill, Daytona Beach, for relator.
Richard W. Ervin, Atty. Gen., and Frank J. Heintz, Asst. Gen., for respondents.
This cause is before the Court on motion for the entry of a peremptory writ of mandamus notwithstanding the return filed by the respondents in the proceedings.
Virgil D. Hawkins, a Negro citizen and resident of Florida, instituted a mandamus proceeding in June, 1949, against the Board of Control of Florida to require the Board to allow him to enroll as a law student at the University of Florida for attendance at a summer session to be held in 1949. He charged in his petition that the University of Florida was the only tax-supported law school in Florida that maintained and operated a law school and that he had been denied admission solely on the ground that he was a member of the Negro race. In due course the Board of Control filed their return to the alternative writ issued in the cause, alleging among other things, in substance, that the Constitution and Statutes of the State of Florida provide that white and Negro students shall not be taught in the same schools but that impartial provision shall be made for both and that in pursuance of these requirements the State of Florida has established certain institutions of higher learning in the State, among which are the University of Florida and the Florida State University, both maintained for white students, and the Florida Agricultural and Mechanical College for Negroes, maintained exclusively for Negroes; that these three state institutions have been in operation for many years and are under the management and control of the Board of Control, subject to the supervising power of the State Board of Education, who, through a long established and fixed policy of providing substantially equal educational opportunities to white and Negro races alike have from time to time added schools and courses of instruction at each of these institutions as the need for such additional courses has been made to appear; that whatever rights the relator may have for instruction in his requested courses at a state operated institution of higher learning within the State would be at the Florida Agricultural and Mechanical College for Negroes and could not be lawfully given him at the University of Florida; that the Board of Control had set up and established a school of law at the Florida Agricultural and Mechanical College for Negroes and had directed the governing head of said college to acquire the necessary personnel, facilities and equipment for such course of instruction at the school on the earliest possible date; that the Board of Control has made provision for relator's immediate admission and enrollment at the Florida Agricultural and Mechanical College for Negroes, in its law school, and is ready to there admit him, provided the relator shall make his application for instruction in said courses within the time allowed for members of any other group to apply for admission to said course at any State institution of higher learning. And, in the event the necessary facilities, equipment and personnel for said course of study should...
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State ex rel. Hawkins v. Board of Control
...v. Board of Control of Florida, Fla., 47 So.2d 608. The relator moved again for a peremptory writ, 16 May 1951. State ex rel. Hawkins v. Board of Control, Fla., 53 So.2d 116, 119. This writ was denied, 15 June 1951, on the ground that the relator had not shown that he had exhausted all reas......
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... ... So did State ex rel. Hawkins v. Board of Control of Florida, 18 but the Supreme Court entered ... ...
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NATIONAL ASS'N FOR ADVANCE. OF COLORED PEOPLE v. Gallion
...to protect or effectuate its judgments. 28 U.S.C.A. § 2283. 3 State ex rel. Hawkins v. Board of Control, Fla., 47 So.2d 608; Id., Fla., 53 So. 2d 116, certiorari denied 342 U.S. 877, 72 S.Ct. 166, 96 L.Ed. 659; Id., Fla., 60 So.2d 162, reversed 347 U.S. 971, 74 S. Ct. 783, 98 L.Ed. 1112; 35......
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State ex rel. Hawkins v. Board of Control
...May 24, 1954. The history of the case is set forth in State ex rel. Hawkins v. Board of Control of Florida, Fla., 47 So.2d 608; Id., Fla., 53 So.2d 116, certiorari denied 342 U.S. 877, 72 S.Ct. 166, 96 L.Ed. 659; Id., Fla., 60 So.2d 162, certiorari granted 347 U.S. 971, 74 S.Ct. 783, 98 L.E......