The Omaha guide., 1957-01-18


attendants has facilities for educating the public no
public popuarze its positions
tonwide staff to counterac the obstruction OF local Officials
Federal tangible enforce its orders against dis
obedience proceedings and in the when such
orders issued obedience almost invariably follows
When does not United States marshall
the vioator until he himself of the contempt
the penalty prescribed Il the marshall helpless he
depuze additional marsha support needed ne
may upon military troops
than wifu bayones
could compel Southern parents to send their children into mixed
ciassrooms
BrowneIps Losf Words
desegregon order Supreme seriously
concerned about its enforceby extended
the question At that time Attorney Herbert Browne
urging the Court undertake enforcement through district
courts promised supplemental aid he responsibility for achieving
compliance with the Courts decision he said the closing
graph of his brief does not rest the judiciary alone Every
officer and of Federal and local. ike
wise charged with the duty of enforcing the Constitution and the
rights guaranteed it,"
But that duty" by Federal govern
men its The
open through contempt pro-
ceedins
both parties what remedy remains effectng cobmpance7
The Plain Fact the
tial when law is challenged Indeed party
condemnng the governors of Ken
lucky that had been
attempting keep Negro children from asserting their rights under
the decree.
The trouble with that unless it is qualified
has bewdering diversity of meanings general
sense includes not only the use of physical means hut also Of
compuon and onstrains of
must be employed when the imposed by free
society srrendes to tne law of force a nosed ~ o ch
force not only embraces eonpuon by military
but may also include extraleg devices such political
or moral influences
the Executive The negon of force carrying decree
only imply reputation of the judicial power with dire consequen
ees for the national integrity.
The Executives Failure
There is therefore, for clear debate on the issue
OF how the Negro and white together in this co
try as there the time Douglas But unlike
the period of Lincoln Douglas need not mean only the
invasion of states by Federal troops government of Lin
coin enjoyed limited sovereignty in an ndiyiduasc society
BY
constitution The periods of hostility
the welfare power repoed mainly in the states the commerce and
other powers confined principally encouragement or mild
regulaton the Federal power was nonexisten test Of
Federal sovereignty be made in 1861 tbrouob tbs war o
because there alternative powers which to achieve
respect for the Federal authority
The Federal today however is dynamic sOyer
ny whose influence reaches into very aspect economy It's
~ear power IS now substantive its other extensive is
the greatest single for spending lending money for new
ventures it finances housing and city development controls credit
investments grants huge subsidies to public
agencies 1t builds dams atom plants roads, and public works
almost every phase Of enterprise and every
Accordingly whole devices exists upon which the
president may draw prestige influence and
power The preeminenee Of Federal power along with general
respect for law has continued resistance to Federal uho
unhnkabe When the deegegaon decision was handed down in
1884 met with suen acqueence but not with General de
lance 1t only when the of the Courts decree was
allowed to collapse through the wayeng the President and
through his failure back the decisions with HE s,iaa th.
Southern dssdens embodened to out the Federal authority
me awespecng and liberal Of the South soon found
themselves surge of intransoent eroo;o th.
peed them to join the insurgents they we're not TO lose their
own positions IN the community some cases their political
futures Now that moral force waned the question is how
respect for Federal law be reestablished
One way to do nothing as President Eisenhower ba nut
II 70 want until the hearts of men" changed But enough has
aneao 70 demonstrate that Southern resistance has s
tabshed firm oothold even built IN nor.Iy s g.
immoral dsobedience The iresponsbles fan on dissent
Hulsn on the collapse of authority taking command and
the rank and file becoming their annr ~
or helpless simultaneously Southern liberalism
IA US Origins and lacking support but which once oav
nope OF leading the South real dpnocrc h.s -
ordinated and submerged nos Deen SUD
ne are number Of things that still done to restore
% a PRESIDENTIAL commission eminent citizens
representing both South and North be appointed ~
issues ana place them IN rational light could hold omen
Deng out ne views Of educators chuchmen and other
czens BY patiently presenting constructive vfeu IN
ne popem sueh commission could begin building case for re-
n LAY" continued Intervention BY the Attorney General in