Two Negroes who filed suit in district court here to force Louisiana State university to enroll them as students, must appear in court on February 4 and show why these suits should not be dismissed.
District Judge Caldwell G. Her-get set this date after attorneys for LSU filed a brief in support of their previous arguments that the Negroes had no cause of action.
Viola M. Johnson and Charles J. Hatfield, the two Negroes, took the court action after they were refused entrance to the university, and the LSU attorneys contended that the Negroes have no cause of action because:
"1. Writs of mandamus cannot issue herein because there exists no law of any sort which places upon Louisiana State university a 'ministerial duty' to admit either of the relators as students.
"2. Writs of mandamus cannot issue herein because, on all facts deemed true for the purpose of the exceptions, both relators have failed to exhaust other remedies available to them, which remedies they must exhaust before seeking extraordinary relief before this court; and each of the relators has failed to show the performance by him of all acts which are conditions precedent to his eligibility and admission as a student in the university."
