25.11.2007, 21:44
Dallas, Texas
Dallas Morning News
28 October 1954
‘Mixed Bouts’ Law Unconstitutional
Austin, Texas – Texas’ law against professional fights between whites and Negroes is unconstitutional, the Austin Court of Civil Appeals held Wednesday.
The case involved I.H. (Sporty) Harvey, San Antonio Negro boxer.
It is one of the first decisions by a state court favoring Negroes in a segregation dispute. Most previous defeats for state segregation laws have come in the United States Supreme Court.
M.B. Morgan, commissioner of labor, announced that an appeal will be made to the Texas Supreme Court. Morgan supervises professional boxing and wrestling.
Morgan said that every wrestling promoter he knows opposes mixed matches. Some boxing promoters favor letting white met fight Negroes.
Associate Justice Robert G. Hughes wrote that the Texas law clearly violates this portion of the fourteenth amendment, United States Constitution:
“No state shall make of enforee any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The case was returned for a new trial before Dist. Judge Jack Roberts of Austin. He had upheld the law.
Atty. Gen. John Ben Shepperd argued that professional boxing can be policed more closely by the state than can usual public activities.
The state contended that boxing might promote racial feelings which would cause riots.
“There was no finding that mixed fights would result in race riots or other disturbances of an unusual nature,” Judge Hughes reported.
Dallas Morning News
28 October 1954
‘Mixed Bouts’ Law Unconstitutional
Austin, Texas – Texas’ law against professional fights between whites and Negroes is unconstitutional, the Austin Court of Civil Appeals held Wednesday.
The case involved I.H. (Sporty) Harvey, San Antonio Negro boxer.
It is one of the first decisions by a state court favoring Negroes in a segregation dispute. Most previous defeats for state segregation laws have come in the United States Supreme Court.
M.B. Morgan, commissioner of labor, announced that an appeal will be made to the Texas Supreme Court. Morgan supervises professional boxing and wrestling.
Morgan said that every wrestling promoter he knows opposes mixed matches. Some boxing promoters favor letting white met fight Negroes.
Associate Justice Robert G. Hughes wrote that the Texas law clearly violates this portion of the fourteenth amendment, United States Constitution:
“No state shall make of enforee any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The case was returned for a new trial before Dist. Judge Jack Roberts of Austin. He had upheld the law.
Atty. Gen. John Ben Shepperd argued that professional boxing can be policed more closely by the state than can usual public activities.
The state contended that boxing might promote racial feelings which would cause riots.
“There was no finding that mixed fights would result in race riots or other disturbances of an unusual nature,” Judge Hughes reported.