Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-09-21

Good evening, ladies ami
gentlemen Of the television ans
radio audience. The litigation
in Federal court before JudgI
Davies has proceeded as ex'
pected. Today the judge tool
the following action:
First. the judge refused tt
disQualify in the face Of {
proper afiidavit amply support.
ed by legal authorities. Second
he granted q motion Of thu
original plaintiffs. the NegrG
plaintiffs, presented by theil
attorney Of record. who live,
here in Arkansas, who is In
Arkansas the attorney Of
NAACP (the National Associa-
ton for the Advancement Of
Colored People, filing q COM
plant adopting q position
taken by the Justice Depart
ment against me despite the
TACT that on the 28th day Of
august. 1856. the United States
district Judge John &. Miller
3 -niei a suit for declaratory
idgment and an injunction.
Third, he summarily over
aled the motion to. quash the
.;ervice Of subpoena as witnesses
on tAdj) Gen. Sherman T.
Ginger and cit. COLI Marion
johnson. And even by so doine
the service took them away
from their military posts Of
duty where they had beer
ordered by their commander
in chief to preserve the peace
and order Of the community
Points Unanswered
Fourth. overruled my mo-
ton to dismiss for lack Of juris-
diction even though the JUS
tice Department attorneys were
unable to and did not attempt
to answer most Of the points
Of law presented by the motion
In doing so. he ignored the Law
and permitted the Justice De-
partment to assume unto itself
authority expressly denied to II
by action Of the most recent
Congress.
Fifth and finally, the Judge
refused to entertain the re-
quest for a three-judge court
even though he himself as late
as yesterday in Little Rock sat
as a member of a three-judge
court which held that before q
Federal court could interpret
and pass upon the validity Of
State laws 1t Is proper for State
laws to be first litigated to a
conclusion in the State courts.
The entire time consumed
up to that point was about one
hour and a half. From the
foregoing the ultimate decision
OF this judge was so clearly in
dicated that my attorneys had
no alternative to take, other
than to make the following
statement and ask to be ex-
cused from any further pro-
ceedings.
THE statement Of the at
torneys: The respondents win
stand on their motion. The
position Of the respondents Is
frm, unequivocal and unalter-
able. Because they cannot and
will not concede that the United
States in this or any other
court may question his descre-
ton and Judgment as chief
executive Of a sovereign State
and IN the performance Of his
constitutional duties under the
constitution and laws Of his
State since they do not and
cannot concede that the Gov
ernor may be so questioned.
Can Go No Further
Obviously they can proceed
no further In this action. This
is not to say the respondents
will not comply until they be
set aside with orders that may
be made here even though they
be deemed beyond the courts
jurisdiction to make
That is the conclusion Of
the attorneys statement.
After the withdrawal Of my
legal counsel. then began the
taking Of testimony from care
fully selected and screened wit
nesses who bolster the Justice
Departments contention that
no disorder or violence was Inn
minent.
"You will recall in the Ar
kansas Democrat Of Tuesday,
September II, the headline
which read: u. s. TO Subpoena
over 400 witnesses in Prepera-
aon for Fridays Injunction