Evening star. [volume], August 21, 1958, Page A-4, Image 4

About Evening star. [volume] (Washington, D.C.) 1854-1972

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A-4
THE EVENING STAR, Washington, D. C.
TwnaatuT. spopst ti. issa
Arkansas Legislature
Put on Standby Basis
UTTLB ROCK. Ark.. Aug. J1 (AP).—Oov. Orval Faubus
today placed the Arkansas Legislature on a standby basis for
a possible call Monday to deal with the Central High School
Integrtiqn situation:
Thus It appeared that the Little Rock School Board failed
last night to convince the Governor It was doing all possible to
delay re-entry of seven Ne
groes Into the high school.
Qov. Paubus today said he
plans to send messages to the
100 House members and the 35
Senators, but did not want to;
A member of the Legislature
said It was his understanding
the Legislature will convene at
noon tomorrow.
Bills to Be Presented
The lawmakers presumably
would be presented with bills
aimed at halting Integration.
A pupil assignment law already
is on the books, but the school
board has not used It.
Oov. Paubus refused to .say
what form these bills would
take.
The Governor met with the
school board and School Supt.
Virgil Blossom for almost two
hours last night, and in a later
press conference refused to say
what was discussed. Nor would
he discuss a special session at
that time.
In announcing the legislative
alert. Gov. Faubus said today,
“I am not ready for the official
call because I am still hoping
something will develop, but I
MARSHAL
Continued From First Page
by the court itself. That is how
the Government entered the
Little Rock case last year.
2. By being asked to join the
action by the Little Rock
School Board—a prime party
in the case.
3. By itself asking the court
to allow it to intervene as a
“friend of the court.”
Judge Davies’ order was di
rected against the use of Na
tional Guard troops by Gov.
Paubus to prevent Negro stu
dents from entering Central
High. The Governor has con
tended the guardsmen were
sent merely to maintain order.
Later, Mr. Eisenhower or
dered paratroops to the scene
to enforce the court order.
An argument advanced in the
Justice Department for the use
of deputy marshals in Little
Rock was that the administra
tion was placed in an awkward
position even among many
moderates when Eisenhower
rushed paratroops to the school
last fall. Observers saw an
insupportable situation arising
were the administration to con
tinue to send soldiers to each
school where disorder had oc
curred.
Meanwhile. Senator Javits,
Republican of New York, said
Mr. Eisenhower should call a
special session of Congress if
the Little Rock integration dis
pute develops into an emer
gency, the Associated Press re
ported.
Senator Javits also proposed
Immediate Federal action
—similar to that under study—
“to avoid if at all possible dire
emergencies like the rioting ~.
last September.”
Asks Rights Hearing
In a prepared Senate speech,
Senator Javits suggested:
"1. That the Civil Rights
Commission hold hearings in
Little Rock in conjunction with
Its Arkansas Advisory Council.
“2. That the Attorney Gen
eral should promptly intervene
as a friend of the court, pref
erably at the request of the
school board or of the court, but
in the absence of either, on its
own responsibility and at once.”
Unless the Justice Depart
ment backs up court decisions,
ordering integration to con
tinue this fall, Senator Javits
said, “there is every reason to
suppose that the situation can
deteriorate as it did last Sep
tember with a national emer
gency—indeed what was an in
ternational emergency—on our
hands again.”
The Senator said the Little
Rock School Board and local
authorities are in no position
to ask Federal assistance but
courts may ask the Justice De
partment to come in later.
“Under these circumstances
the initiative should be taken
now by the executive branch.”
Benator Javits said. "The
courts have borne the full
brunt of this problem long
enough. They can not be ex
pected to perform the legisla
tive and executive functions.”
Stennis Fears Troops
Senator Stennis. Democrat of
Mississippi, said, however, that
Mr. Eisenhower's news confer
ence statement clearly shows
his plan is to use Federal troops
again at the Little Rock
schools.
“This plan is based on a mis
understanding of the condi
tions in that troubled city," he
said. “The use of force can
not achieve any constructive
goal, for the real opposition to
integration is not found in
lawless elements. Opposition
to integration is actually the
overwhelming voice of the
mothers and fathers of the
children, those most directly
concerned.”
Senator Stennis described the
Court of Appeals decision in St.
Louis last Monday as “unfortu
nate and tragic.” He said it
indicates the adoption of a
course which will destroy pub
lic education in the South.
The school integration issue
apparently prompted Senator
Douglas. Democrat of Illinois,
to draft still another proposed
amendment for possible intro
duction today in Senate debate
on Supreme Court bills. His
amendment would express the
sense of Congress that "man
dates of the Supreme Court
and other courts of the United
States be entitled full faith and
credit as tlw law of th^land."
| think I should notify the Legis
lators because some of them
may be planning vacations next
week.”
Bupt. Blossom last night an
nounced the board has peti
tioned the Eighth United States
Circuit Court of Appeals at St.
Louis for a stay of its Monday
order. This order called for
continued Integration at Cen
tral High.
Lemley Ruled Reversed
The appeals court reversed
a decision by United States Dis
trict Judge Harry J. Lemley
of Hope, Ark., who on June 21
ruled the board could delay
integration for two and a half
years.
The petition for a stay is
aimed at delay until the board
can place the question before
the United States Supreme
Court. Supt. Blossom said
preparation of the documents
for Supreme Court study will
require 10 days. The Supreme
Court, therefore, could not
reach a decision until after
September 2, when school
opens.
At St. Louis, the clerk of the
appeals court, Robert Tucker,
said the application for stay
was received this morning and
i would be submitted to the
court.
Mr. Tucker refused to say
whether one or all of the judges
would consider the application.
The court split, 6 to 1, in over
turning Judge Lemley's ruling.
Chief Justice Archibald K.
Gardner wrote the dissent.
State Representative Carroll
Hollensworth, a parliamentary
expert, said Gov. Faubus can
issue a call for a special session
"five minutes before the ses
sion starts.”
Speculation Over Action
Speculation on what the Leg
islature can do includes pas
sage of bills withdrawing State
aid from any integrated school,
or giving the Governor power to
close Central High, among
others.
Mr. Hollensworth, who has
served longer than any other
House member, said. "I would
like to introduce a bill to abol
ish all school boards in the
State, with a special election
the following week so that trite
people could re-elect the mem
bers or replace them, as ihey
choose.”
Gov. Faubus and the Little
Rock board rarely have agreed
on integration matters.
Supt. Blossom and the school
board are seeking to sustain
Judge Lemley ’s order for a 2Vi
year delay.
Want Order Effective Now
Attorneys for the seven Ne
gros have urged the appeals
court to make the ruling effec
tive at once so the Negroes can
be admitted when school starts.
Gov Faubus had demanded
last night’s meeting with the
school board in an attempt to
learn in detail how it planned
to resist integration and
whether Negroes expected to
enter other white schools at
Little Rock this fall.
The Governor said it was a
"very friendly and amicable
meeting.” He added that the
board answered most of his
questions, but couldn’t reply to
others because the board still
was considering them.
The Governor did not say
what the answers were.
NORFOLK
Continued From First Page
plan is invalid on its face and
in its application.
Mr. Schweitzer was followed
on the stand by J. J. Brew
baker, Norfolk school superin
tendent. who told the court
that communication between
the white and Negro people \
has deteriorated in recent 1
years.
“An assignment in Norview
High would endanger this pu
pil as well as the safety of
those already enrolled,” tes
tified Mr. Brewbaker.
The superintendent also said
he thought Patricia might suf
fer emotionally from being
placed in Norview.
“You feel, and I may well
feel from an educational
standpoint, it is bound to be
harmful to the child, to the
school or to the school system
in the present climate in the’
South to enter the Negro child
in a white school,” commented
Judge Hoffman, adding. “If
that is the case, what is left
of the Supreme Court deci
sion?"
Mr. Brewbaker said he be
lieved much could be done to
prepare the way for peaceful
desegregation, as was done in
Louisville. Ky.
"I think we could work to
create a different climate,’’ he
added.
He said the school admin- 1
istration in Norfolk already!
conducts integrated teacher
workshops and white and Negro
personnel work together.
At one point while Mr. Brew-;
baker was discussing racial
tensions that have developed
in Norfolk and a lack of com-j
munication between the races.
Judge Hoffman asked him:
“If your position is correct,
i do you think the City of Nor
folk ever will be ready?"
Mr. Brewbaker said much
progress had been made before
the Supreme Court decision,
and added “our big trouble isi
on the adult level.”
Judge Hoffman asked if Mr.
Brewbaker had looked into
school conditions in North Car
olina. where a few Negroes were
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CONFERENCE AT LITTLE ROCK—Arkansas Gov. Orval Faubus (left),
Wayne Upton (center), school board president, and Virgil Blossom,
school superintendent, stand together before a meeting last night to dis
cuss the Governor’s demand for quick action to avert resumption of in
tegration at Little Rock’s Central High School.—AP Wirephoto.
NAACP Advises Faubus
Os Opposition to Delay
NEW YORK, Aug. 21 (AP).—The National Association for
the Advancement of Colored People yesterday notified Arkansas
Gov. Orval E. Faubus of its opposition to further delay in bring
ing about integration at the Little Rock High School.
In a telegram signed by Roy Wilkins, executive secretary,
the NAACP said it will advise the parents of Negro students
that it "stands ready to assist
them further in pressing with
out delay and with all legal
weapons their rights.”
The message also declared:
“It is now the duty of the
State and local authorities to
protect the determined rights of
individual citizens and in the
event of their failure the . duty
of the Federal Government so
to do.”
The telegram was in response
to a suggestion by Gov. Faubus
Tuesday that the NAACP make
clear its attitude toward the
recent United States Appeals
Court decision ordering inte
gration. The organisation de
nied it had even instigated the
issue.
Text of Telegram
The text of the telegram:
“In response to your press
statement August IS inquiring
into the attitude of the Na
tional Association for Advance
ment of Colored People in Little
Rock situation, please be ad
vised first that this association
has not ’instigated and pro
moted’ Integration in Little
Rock, but has counseled Negro
parents who sought nonsegre
gated public education for their
children in accordance with
ruling of United States Su
preme Court that such educa
tion is a constitutional right.
“Second, this association has
advised and will continue to
advise Negro parents in Little
Rock that reversal of Judge
Lemley’s ruling means'' that
Little Rock authorities must
proceed with integration as
planned by them In 1955 and
approved by Federal court
“Third, we shall further ad
vise them that the Circuit
Court of Appeals has ruled
that ‘violent and unlawful acts’
may not be used by any indi
vidual or body as excuses for
nullifying of defying a Federal
court order.
Cites 4-Year Delay
“Fourth, we will advise them
that it is now the duty of the
, State and local authorities to
' protect the determined rights
‘ of individual citizens and in
( the event of their failure the
J Integration Put Off
’ In Miami Schools
1 MIAMI, Aug. 21 (AP).—Dade
County's white and Negro
pupils still will be attending
' separate schools when classes
start September 2.
Federal Judge Joseph P. Lieb
i yesterday postponed for at
least four weeks a final de
: cision on a school integration
suit sponsored by the National
l Association for the Advance
l ment of Colored People.
He gave attorneys for both
' sides that long to study the
i record of 2 days of testimony
'and submit memorandum
1 briefs. Regardless of his rul
-1 ing, an appeal is expected to
• the U. S. Court of Appeals at
; New Orleans and possibly from
• there to the U. S. Supreme
Court.
ij Horton Making
Annual Farewell
' KENNEBUNKPORT, Me. (AP).
1 Edward Everett Horton says his
1958 swing around the straw j
I hat circuit is “the fourth of myi
' 10 farewell tours.”
Quickly the 70-year-old co-i
1 median added, while in Kenne
bunkport for a week’s stint;!
"Im cheating myself."
In 1955, he explained, he said
he was starting his 10 fare
wells, so actually this is his
third.
admitted to white schools last
year. The superintendent re
plied that he had not kept tip
l on the educational system
there.
He also testified that he be
lieves it is better to start inte
gration gradually at the lower
. grades, working them up to
i higher grades, rather than at
tempt any mixing right away
at the high school level.
\
duty of the Federal Govern
ment so to do.
“Fifth, we have advised them
and will continue to so advise
that there has been a four
year delay since the Supreme
Court ruling and that any re
quest that they accede volun
tarily to further delay is a re
quest that they surrender their
rights as American citizens and
one which cannot in honor be
granted.
“Sixth, we shall advise them
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that this association stands
ready to assist them further in
pressing without delay and with
all legal weapons their rights
in the pending matter.
“This association continues
to express as it has in the
past the belief that responsible
Negro citizens are willing to sit
down with responsible officials
in any locality to discuss ways
and means of implementing
the Supreme Court ruling.
Needless to say bad you em
ployed this co-operative effort
in 1957 instead of initiating
unilateral action, the present
situation would not have de
veloped.”
At Little Rock, Gov Faubus
was asked last night for com
ment on the telegram.
He said he hadn’t seen it
and added:
“I have very seldom, if ever,
been in agreement with the
NAACP.”
1957 Arkansas
Acts Upheld by
Slate Judge
LITTLE ROCK. Ark., Aug.
21 (AP).—State Judge Guy E.
Williams yesterday ruled valid
two segregation acts passed by
the 1957 Arkansas Legislature.
“The said acts, on their face,
are not unconstitutional,” Judge
Williams said. The chancellor
added that there was no proof
to show that the laws “will
necessarily result in a depriva
tion of constitutional rights.”
One law set up the State
Sovereignty Commission de
signed to “protect Arkansas
from Federal encroachment.”
The other requires certain
organisations, including the Na
tional Association for the Ad
vancement of Colored People
to register with the Sovereignty
Commission and make periodic
reports on financing and other
activities.
Bread Powers In Act
Broad investigative powers
were given to the Sovereignty
Commission in the act which
established it. The law says
the commission shall have
power, in the name of the
State, to "protect any and all
things deemed necessary and
proper to protect the sov
ereignty of the State of Arkan
sas, and her sister States, from
encroachment thereon by the
Federal Government or any
branch, department or agency
thereof . . .’’
The act says the commission
can provide advice and legal
assistance to school districts
upon matters "involving • civil
or criminal litigation or other
wise, relating to the comingling
of races in the public school?
of the State . . .’’
The case testing the validity
of the two acts was filed by
10 Arkansas Negro ministers
against Gov. Orval Faubus and
other members of the Sover
eignty Commission.
Dismissed With Prejudice
The ministers first asked
United States District Court
here for a declaratory ruling
on the constitutionality of the
act, but a three-judge court
COPTER PILOT
LANDS TO REFUEL
HIS CIGARETTE
SAUNA, Kans. (AP).—
Johnny Thomas and Gary
Porshee. employes of a
Sallna tire company, were
changing a tire on an
earth-moving machine
north of Chapman whan
a helicopter set down near
them.
The pilot alighted and
asked:
"Got a match?”
He got a light for his
cigarette, then took to the
air again.
Iraq to Keep
Ties to West
BAGHDAD, Iraq. Aug. 31
(AP)—Premier Abdul Karim
Kassem reiterated yesterday
Iraq will strive to keep its old
friendships with the West while
making new friends in the East.
The five-week-old republic,
Gen. Kassem said, wants to
continue receiving military aid
from the West.
“We don't want a dictatorial
regime in Iraq,” said the brig
adier who plotted the revolu
tion.
Gen. Kassem sparred with
Communist newsmen who tried
to draw him into attacks on
the West and the Eisenhower
plan for the Middle East.
withheld an opinion pending
action in the State courts.
Judge Williams told newsmen
he had dismissed the suit with
prejudice "so the only place
for the plaintiffs to go now Ls
the State Supreme Court and
from there to the Federal
courts.” With prejudice means
that the suit may not be re
flled in Judge Williams' court.
The Sovereignty Commission
as yet has not concerned itself
with the Little Rock Central
High School integration dis
pute. Gov. Faubus, the chair
man, has only called it into
session twice and its principal
action has been the hiring of
an attorney.
The commission has not en
forced the law requiring the
NAACP and other groups to
register with it, pending the
litigation.
Hodges Raps
Use of Troops
RALEIGH, N. C* Aug. 21
(AP).—Gov. Luther H. Hodges
says President Eisenhower is
too prone to use Federal troops
to solve his problems.
Oov. Hodges was
with reporters at his news con
ference yesterday the new court
decisions In the Little Rock
school Integration case. He
said Mr. Eisenhower had im
plied he would use troops again,
if necessary, to back up the
latest Federal Court orders to
continue integration of Negro
children in Little Rock schools.
The Governor pointed to Mr.
Eisenhower's use of troops last
fall to force integration In Ar
kansas, and to the sending of
troops to the Caribbean when
Vice President Nixon was beset
by rioters in Venezuela several
months ago.
Gov. Hodges said that if
troops are used again at Little
Rock Mr. Elsenhower “would be
just as much at fault ... as
he was the first time.”
Little Rock Paper
To Get Award
LITTLE ROCK. Ark., Aug.
21 (AP).—The Arkansas Ga
zette has been chosen to re
ceive the 1958 Freedom Award.
The bronze medallion ls
given annually by Freedom
House, a private center, and
will be presented at a dinner
in New York October 14.
Federal Judge Harold R.
Medina will make the pre
sentation.
Last year’s winner was -the
Hungarian freedom fighter.
Trie Gazette, which earlier
this year won two Pulitzer
Awards for journalistic work
during the Little Rock integra
tion crisis last fall, was se
lected by a national commit
tee of distinguished Americans.
Word to the Wise
INDIANAPOLIS (AP).—Mo
torists traveling behind a cer
tain semitrailer exercised a lit
tle more caution after reading
this sign affixed to the rear:
“If you can’t stop, smile as you
go under.”