Milford chronicle., 1957-08-09
DesegregGtiOn Delay
Granted By u. S. Court

Continued from page one)
other Negro children similarly sit
uated in this state.
1T establishes the terminal dates
for segregation as it relates to all
school boards, local or state, in
Delaware. Paragraph Four secures
this right by calling a halt to con-
tinued segregation in this state as
obviously I'm conflict with the COM
mand for integration as established
by the Supreme Court of the Uni
ted States"
The third paragraph says plain
tiffs in the cases and all other Neg
70 children Similarly situated" in
the seven school districts are en-
titled to admission mo later than
the beginning Of or sometime early
in the fall term of 1857" The
fourth paragraph enjoins the
boards from refusing admission "on
account Of race, color, or ances-
try"
"It is difficult to understand. I"
Judge Leahy's statement continued,
how any person could Interpret
the order OF this U. S. District
Court otherwise. II is either a re-
fusal TO recognize the sementic
preciseness of this courts raling,
or, an attempt to juggle words out
of the pattern of their clear mean
ing"
"To secure this right. he add
ed, Paragraph Five of the order
Of this court f. provides the legal
mechanics along lines most suit
able to an orderly enforcement. Di-
rections for compliance are aimed
specifically at the State Board of
Education.
ANY duty falling upon the local
boards, any performance to which
they must submit, is a result not
of any entry of summary (pre-
triaD judgment as to them (mo-
tions for summary Judgment as to
the local boards not having been
made, or indeed even necessary to
full compliance with the order of
this COURT, but is imposed by vir-
tue of the laws of the State of Del
aware, which entrust responsible
ty to the State Board of Education
for the general administration and
supervision of all it's public schools
and which empowers the state
board TO carry this out by adopting
rules and regulations which have
the binding force of law through
out the state on all local boards.
Amy direction this court gives
to the state board, has by virtue of
state law and the said regulations,
hard meaning to all local boards
within its jurisdiction.
Consequently, the whole pro-
posed schema (sic) in Paragraphs
Five and Six of the order 4. calls
for the state administrative func-
tion to get plan before this court
for the desegregation of its schools
and admittance on a non-discrim-
inatory basis AS stated, the court
is aware Of the complex problem
of carrying into effect the destruc-
tiOn of segregation.
After hearing argument and
discussion by the attorney general
and HIS staff and the various at
III NAAC AMCAAADClo VI Tic AO-
cal school board districts, l con-
clude nothing is to be gained by
formalistic thinking for delay.
Honest action is required"
There is no thought at this stage,
Judge Leahy said, that the judicial
process is to be used as a threat
against any public official to COM
ply with the law.
las honest difficulties in COM
pliance arise, counsel for good
cause to be shown may apply (as
they always have the right to do)
to the discretion of this court. But,
one thing must be clear to ALL Com
pliance with the law of the Supreme
Court of the United States is inevi-
table. The unresolvd question, left
by the Supreme Court to this court.
is the duration Of judicial patience.
IF counsel, after this statement,
want to press their various mo-
tions, date will be fixed for hear
ing"
1t was indicated that local
school board counsel will with
draw their motions for amendment
or reargument, which were filed
within 10 days after the July Is
order.
A silo is the best place to save