Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-09-22
Mayor Pledges Order
AT Little Rock School
Continued From FMS. Page

Continued From First Pag,
nor made his appeal-whicll
some persons interpreted as q
call for anti-inteeration activ-
ity-in q speech delivered over
2 Little Rock televislon station
last night.
Supremaclsts StiRen
As the week end wore on,
white supremacists began maxi
ing themselves heard In In
creasingly vituperative terms.
"A thinly-veiled threat Of out
right violence 1t Central High
was issued in 3 statement BY
the attorney for q citizens
council white supremacy
group here.
Gov. Faubus, enjoined from
further interference with the
inteeration Of Central High.
Withdrew the National Guard
only q few hours after the
Injunction was authorized BY
Federal Judge Ronald N. Dav-
les. Federal officials pointed out
today that the order did not
require Gov. Fauhus to With-
draw the Guard. but only to
cease using 1t as q means OF
thwarting integration.
Judge Davies. in his injunc-
ton against Gov. Faubus and
two top military aides, threw
the responsibility for law and
order squarely back into the
lap Of the Governor. The final
paragraph Of the judges ban
on the use Of Guardsmen as an
anti-integration force carried
this proviso:
Provided that this order
shall not be deemed to prevent
Orval e. Faubus. as Governor
Of the State Of Arkansas, from
taking any and all action he
may deem necessary or de-
sirable for the preservation OF
peace and order, by means Of
the Arkansas National Guard.
or otherwise. which does not
hinder or interfere with the
right Of eligible Negro students
to attend the Little Rock Gem
trail School,"
Precedent Is Cited
This proviso. legal authorities
pointed out, has the sanction
Of Federal court precedent. It
had its inception In the case Of
Strutwear vs.. Olsen. in which
q Governor Of Minnesota was
enJoined from using troops To-
prevent non-striking workers
from entering e plant. but was
not prohibited from using them
to maintain law and order.
Accompanying the injunc-
ton was 9 voluminous d0curl
ment entitled Findings Of Fact
and Conclusions Of Law" This
paper. about $500 words long
sets forth the considerations
under which the Injunction was
issued and the legal basis for
its issuance. The document
win be usedNby appellate judges
when the case goes to the
Eighth Circuit Court on appeal
By Gov. Faubus, 81
The key paragraph IN the
findings Of fact stressed the
Tong history Of peaceful and
amicable relations between the
white and Negro races in Little
Rock. 1t was clear from the
language Of the findings Of fact
and of the Injunction Itself
that Judge Davies was not i'm
pressed by Gov. Faubus' often
repeated statement that vio-
lence had been imminent in
Little Rock at the time he
called out the Guard.
The actual Injunction paper
was signed by Judge Davies
and was served on Gov. Faubus'
attorney. Kay Matthews, at
the Federal courthouse. This
act constituted legal service on
Gov. Faubus.
Gov. Faubus. meanwhile, left
BY Air National Guard trans.
port plane for Sea Island. Ga.
where governors Of IA Southern
States meet for three days be-
ginning tomorrow. His absence
from the State put the reiens
Of government in the hands Of
1t. Gov. Nathan Gordon. and
Gov. Faubus made it clear he
was in no mood to hang on to
any Of the gubernatorial re-
eponsibility during the tense
period ahead.
Gov. Faubus was asked as
he prepared to leave, whether
he had notified 1t. Gov. Cor
don.
"Yes. it's a courtesy I always
extend. He is the governor
while I'm gone. He's his own
boss"
Gov. Faubus, who said he