Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-09-20
Test in Little Rock

From all indications, the stage is set
in Little Rock for significant test Of
Federal as against State authority. After
the Newport meeting between Governor
Faubus and the President, there we're
high hopes that the city's school inte-
grafton controversy would be more or
less amicably adjusted. But now the
Governor, accusing Federal Judge Rom
aid Davies of prejudice, has demanded
that the juriSt remove himself from
further participation in the case. Evil
IDENTIFY the Governor has decided to have
his day in court and wage the legal
battle to the bitter end
If so, the importance Of the hearing
which begins today can hardly be ex-
aggerated. For its final outcome may
determine not only the progress of inte-
grafton in Little Rock; it may also serve
as guide. and precedent in other States
in which Governors may attempt to use
their powers to block or delay imple-
mentation Of the Supreme Courts school
decision.
The narrow question which the
court will have to decide is whether to
grant the request by the Department Of
Justice for an injunction aimed at Gov
ernor FaubuS, designated officers Of the
Arkansas National Guard and "all per-
sons in active concert or participation
with them" If granted, the injunction
would forbid the Governor and his CO.
defendants to use the Guard or to OBJ
struct or interfere "in any way with
the indignation Of Little Rocks Central
High School, as previously directed by
the court.
It is unlikely, however, that the
court viii deal narrowly with the ques-
ton whether to grant or deny the in
junction request. Presumably, various
other issues will be raised and passed
upon. Among these are such points as:
~ Did Governor FaubuS act in good
faith when, as he has said, he called out
the Guard because he feared violence?
(2) If the Governor had authority to
call out the Guard to maintain order,
did he also have authority to direct
the Guardsmen to bar Negro children
from the school, allegedly as a means
of maintaining order? (3) If the Guard
is withdrawn under court order, and in
tegration proceeds, will the court assume
or assign responsibility for the preven-
ton Of possible disorder?
Overshadowing all of these issues,
however, and others which may arise
during the hearing, is the larger ques-
ton Of State versus Federal authority.
Where does the power of a State Gov
ernor, acting under his police powers,
end when its exercise collides with
ruling by the Federal judiciary?
This is not a novel issue The SUI
preme Court has dealt with it before.
And the law seems to be that, while a
Governor may exercise his police power
to maintain order and suppress violence,
he may not use this power to obstruct
or nullify valid court order.
These former rulings, however, did
not deal with matters comparable to
school indignation in areas where pub
lie sentiment is Overwhelmingly hostile.
There is considerable evidence that the
people of Little Rock would accept,
though they might not like, indignation.
This is not true, however. of other COM
munities in the South. To put 1t an
other way, an injunction which might
promote Indignation in Arkansas might
be wholly ineffective in Mississippi or
Georgia, and this is a problem which.
while 1t may not appear on the record
In Little Rock, will certainly be in the
minds Of the judges.