davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-12

giving these rights? ! think II
is an impossible suggestion
On this Supreme Court
buIuing is carved the inscrip-
ton Equal justice under law"
All Americans take pride in this
controlling principle of our
Government. 1t is there as a
reminder Of the great objective
of this court in all of its de-
cisions.
Now, in the gravity Of this
new challenge, the constitu-
tional rights. l respectfully sug-
gest that each time that 1t be-
comes an issue the court must
say, in a manner that cannot
be misunderstood. throughout
the length and breadth of this
land: There can be no equality
of justice for our people If the
law steps aside, even for a mo-
ment. at the command of force
and violence.
Rebuttal by Mr.. Butler-The
honorable Solicitor General
said that There is nothing to
the stuff" the way he puts it.
about there being a conflict be-
tween two sovereignties.
This school board has been
under the impression that there
has been such a conflict, the
result of which caused troops
to be within the area under
one commander, and a day or
two later under another. If that
isn't a conflict between the Fed
eral Government and State
sovereign I am not aware Of
what could be.
The honorable Solicitor Gen.
eral refers to the court provi-
sionS that Federal law is SUI
preme. AS l have said before.
all lawyers recognize that. But
one of the basic problems
there are some students Of the
Constitution who have read
other provisions, such as the
one that says that rights not
specifically delegated to the
Federal Government shall be
reserved to the States or to the
people"
A good many people, not only
in the South, have been reading
that provision of the Federal
Constitution and have gotten
alarmed about the disregard
of it.
He says also that the school
board should use all of the
power that they have.
Chief Justice Warren-I un-
derstood you, that that is not
the position Of your board?
Mr.. Butler-No, sir.
| Chief Justice Warren-Then
why argue it?
Mr.. ButIer-Only because the
Solicitor General raised the
question.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-12

Attorney Richard c. Butler
for the Little Rock School,
Board-We believe that this
court recognized that time was
required for certain cultural
patterns to change.
Deliberate speed" as used
by this court, is certainly moi
Just a phrase coined on the
spur of the moment or devel-
oped as a philosophy Of oppor-
tunism TO solve an immediate
problem but, instead. to us II
was a carefully conceived phil
osophy Of elaboration which
along with legal reasons fol
delay as outlined by this court
In the second Brown decision
allows for the fiexibility and
delay provided in the decision
by District Judge Harry j,
Lemley.
In effect. 1t provides for a
transition from one era to
another or from one set OF
standards to another.
No one has ever questioned
the good faith of the Little
Rock School Board. 1t has been
admitted from time to time by
counsel for NAACP. by the
honorable Solicitor General, by
every court before which this
board has appeared. and is
implicit in some of the COM
ments made by the justices at
this last hearing.
Justice Harlan - Taking the
complete good faith of the
school board, and l for one
certainly accept it without
reservation, now can you, from
the point of view of judging
this case. divorce the action Of
the State, which you very
frankly in your brief say wa:
action designed to fruStratC
the good faith, the action of tbs
school board, how can vol
divorce that in judging the
issues of this case from thu
position of the school board?
Mr.. Butler-I don't believe
Mr.. Justice Harlan, that we art
attempting to divorce that
That is the primary problem
that this school board has ir
carrying out its plan of integra-
ton or its plan of desegrega-
ton, which l think is more
accurate, when it, as an arm
of the State government, is
ordered to do one thing by one
court and by its employer, SC
to speak, the State of Arkansas
obviously is ordered to do some
thing else.
Justice Frankfurter - The
process which was interrupted
by the intervention of the
militia by State action was as
conceived by the school board
and superintendent a peaceful
process under way, is that
correct?
Mr.. Butler Yes, sir. They
thought it was peaceful UP until
just a few weeks before the
actual opening of school fol-
the 1957-1958 school year in
Little Rock.
Justice Frankfurter-Suppost
the same circumstances are put
to the Court of Equity in thu
District Court at the end o.
az years. The same exercise o.
discretion and regard for ex.
ternal facts would justify &
similar postponement. a further
postponement, would it not?
Mr.. Butler - We do not in.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-12

that Qualification effective and
to keep our public school sys-
TEN intact, we must also have
a delay to do 1t.
Here is the way we see tho
issue: Can a court of equity
postpone the enforcement Of
the plaintiffs constitutional
rights If the immediate enforce
ment thereof will deprive many
Others of their constitutional
rights to an education in 6
free public school?
Time is desperately needed
to enable us and enable persons
in authority to find an adjust
ment of this distressing con,
flict.
Attorney ThurgOOd Marshal
for the National Association
for the Advancement Of Colorec
People - The argument fol
respondents can be rather
brief, because I think the is
sues are so clear.
/ think we have to thinl
about these children and theil
parents, these Negro children
that went through this every.
day. and their parents thai
stayed at home wondering
what was happening to theil
children. listening to the radio
about the bomb threats and al
of that business.
! don't see how anybody
under the sun could say, after
those children and those fam.
lilies went through that for 9
year, to tell them, "All you have
done is gone. You fought fol
what you considered to bt
democracy and you lost. &C
back to the segregated schoo
from which you came" 1 just
don't believe it.
/ And l don't believe you car
balance those rights. There i;
no question here of the right
Of one group Of children against
another.
The danger to the education
in Arkansas and in Little Rock
and in Central High come:
about through the order Of
Judge Lemley which says thai
not only the school board anC
the State can and should SUBJ
init to mob violence anC
threats of mob violence, but
that the Federal judiciary like.
wise should do so.
Maybe it has happened be,
fore, but / don't know of any
other instance where the Gov.
ernor of a State has tried Il
hold something over this court
It is one thing to say thai
We need time to put a plar
into action. 1t is another thins
to say that a plan, once in per-
Torrance, should be suspended
stopped or halted.
There is no action yet. They
stood here this afternoon anc
complained that they have
been tied in litigation in thi.
case for three months. They
could very well have been tiec
there three months in seeine
what could be done there. Anc
indeed Judge Lemley coulc
have done so. But from th'
beginning to the end of thii
case the record will show tina
whenever there was q movt
against indignation of Contra
High School, each step, each
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-12

I the two sovereignties involved.
Justice Clark-How would
they solve it2 The State has
already acted. Would the
Federal Government have
Federal legislation?
Mr.. Butler-ThAt is one
answer, yes, sir. and that has
been seriously propounded by
students Of this problem. that
the Congress should act in this
field and perhaps some time 1t
will.
Justice Douglas - Suppose
that we disagree with your
argument and affirm the Court
Of Appeals. What action does
the school board propose to
take then?
Mr.. Butler-The school board
would have to wait to see what
the Governor did. because GER
tainly the Legislative Assembly
in the State of Arkansas has
the ultimate control of the OPP
Grafton Of the school system.
When the 18th Amendment
was passed. and the Volstead
Act following it. it had in my
opinion. the active support Of a
majority Of the people of the
United States. That changed,
and they voted it out by a
constitutional amendment to
that and a repeal Of that act.
Now, to me that is a good
example Of the Congress fol-
lowing the majority Of the
thinking of the people in the
United States, and it seems to
me that that is generally the
way most laws are passed If
they are to be supported or
even tolerated by a majority, by
the populace in general.
The question which this court
must answer for the Little Rock
School Board in this particular
case is this: Is it better to defer
certain intangible constitution
al rights of a few students con-
shutting less than / per cent Of
the total enrolment of the
school, or to insist upon the
immediate fulfillment of those
rights. even if it destroys the
full educational opportunities
of 1000 students in that partic-
ular school. to say nothing of
some total $1,000 in the entire
school system.
Chief Justice Warren-But if
we stop that program, we are
denying this same right to APP
proximately 40 per cent of the
children of your community,
aren't we?
/ MIR. ButIer-We take the po-
sition that you are not denying
the right. You are delaying the
| fulfillment of a constitutional
right which you have said they
have, but not the denial of the
right as class action, which
this is.
You must take into consider
alton the public interest and
the individual, and this court
has held in many instances that
where public interest is in
wolves, as against specific graft
fication of personal rights, that
/ If it is Of sufficient importance
to the public interest, that the
qualification of those rights
may be delayed and postponed.
i Chief Justice Warren-Aren't
you begging the question when
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-12
II
Partial Text Of Supreme Court Hearing on ntegration

and I dare say that If thiI
board is given the 2l2-yeal
delay, that 1t would be wise
although this is my persona.
opinion, to let things kind Of
simmer down for least a few
weeks or a few months before
any further plans were actually
promulgated, but that al
promptly as could be. solutions
would be sought and attempts
made to reconcile the differ.
ences that exist in this conflict
Chief Justice Warren--It Il
Just watchful waiting.
Mr.. Butler-No, sir, we dom
look at it that way, Mr.. Chic
Justice. We don't feel that Il
is. We have the hope that solu-
tons can be reached If giver
an opportunity in an atmos.
lphere that is conducive II
reaching solutions.
Chief Justice Warren-Isn't
it a fact that the State o.
Arkansas passed a constitu.
tional amendment in defiance
of the particular decision thai
this court rendered, Brown VS.
the Board of Education, anc
that it dedicated the State Il
opposition by every available
method?
Mr.. Butler-It is certainly
true. Mr.. Chief Justice. that the
State of Arkansas, the electors
Of that State by an overwhelm.
ing majority voted such a con.
stitutional amendment to which
you have referred, in which
they stated that every conSti-
tutional method should be ex.
amined and pursued and put
into effect to avoid the mixing
Of the races in the public schoo
systems in Arkansas, that i!
correct.
Justice Brennan--Mr. Butler
as recall your argument thu
last time, it is not the position
of the board that the decisions
in the Brown cases were un'
constitutional.
MIR. Butler-No, sir, Mr.
Justice Brennan, that has nevel
been our position. The schoo
board from the very beginning
and its attorneys have gone or
the presumption, On the con,
cluSion, not just the presump.
ton. that the decision in thu
Brown cases was the law thai
must be followed.
Now l think it is fair at thai
point, however, to state thai
the school board and a vas
majority Of the people in the
immediate locality of Little
Rock. are fundamentally soci.
ally opposed to segregation Of
the races in the public schools
(Butler later said he meant
"desegregation."D
Justice Brennan-Just how
was this court in a position tt
allow or sanction or approve
q delay sought on the ground
that the responsible State of.
ficialS rather than be on thu
side of enforcement of these
constitutional rights. have
taken actions to Illustrate theil
enforcement?
Mr.. Butler-We are asking
for additional time for thoSt
conflicts which are completely
beyond the realm of this schoo
board to solve, and be giver
an opportunity to be solved By
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-12

tend to tell this court that we
believe that all of the problems
wrapped up in this distressing
situation can be solved in 2la
years or 6 months or ten years
or any other particular length
of time.
We do earnestly believe this
That without a reasonable
period of calm, that solutions,
proper. lasting solutions have
no chance Of success.
Justice Frankfurter - Is il
relevant that this court con-
slider the forces that interfered
with the peaceful evolution Of
the plan which they (the
board, with great care, formu-
lated, for which they received
judicial approval; but which al
one period the community ac-
cording to the evidence, was
on the whole if not enthusi-
astic about it, at least acqui-
escent and accordant with it?
Mr.. Butler - We gave the
illustration Of a trucker or q
drayman being ordered by a
court, let's say, going from
point A to point B and there
is a bridge across chasm, and
he attempts to carry out his
assignment and he gets to the
bridge and for reasons COM
pletely beyond his control the
bridge is no longer there. We
feel that the school board
would be in the position, n this
court or any other court
directed it to cross that chasm
without a bridge, that it would
be saying, You go over the
brink to your fate"
Chief Justice Warren-As a
matter of fact, the real issue
before this court is not just
whether the school board is
frustrating the rights of these
children, but whether the acts
of any agency of the State OF
Arkansas are preventing them
from exercising their constitu-
tional rights.
| Conceding the absolute good
faith to the board, is this court
not concerned with whether
the State action of the State
of Arkansas. whether that ac-
ton emanated from the school
board or from other authority
has frustrated the constitu-
tional rights of these children?
Mr.. Butler - We have done
the best we could to try to keep
out any foreign issues and to
request the local court. the
Court of Appeals and this court
to look at our problem in Little
Rock.
Justice Harlan-The essence
of your position is that the
school board finds itself in the
position it does because of the
breakdown of enforcement
activities.
Justice Frankfurter-The OPP
position of the people was en-
Igendered by action of officials
isn't that a fair statement?
! Justice Clark-But, Mr.. But
Ter, what does the board propose
to do during the 21a years with
reference to trying to effect Q
program?
Mr.. Butler-We think the
first thing is for the court to
grant the time that Judge Lem
ley gave us, feeling that you
cannot reach sound conclusions
in a.state of chaos and hysteria,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-12

you say that the denial Of these
rights to 40 per cent Of the chill
dren of your community is In
the public interest?
MIR. Enthusiastically no Ne
gro student will be deprived Of
an education in qualified
schools. that is, schools with
adequate physical facilities and
excellent faculties, II their con-
stitutional rights under the
Brown decision are merely post
poned for a while.
Justice FrankfurteT - Mere
passage Of time wouldn't by it.
self change what you indicate
is this hostile attitude Of what
was once sufferance is now hos
tility. Merely letting time pass
wouldn't make a change in the
prior direction, would it?
Mr.. Butler-I don't think that
the mere passage Of time will
necessarily do 1t. I think that
it cannot succeed unless there
is some reasonable length OF
time granted for it to have an
opportunity by evolution rather
than revolution to come into a
fulfillment.
Justice Harlan-Now If the
Federal courts themselves are
going to take a step to delay,
on the premises that you have
stated. augmentation of de-
crees, why isn't that delay going
to spell even more hope on the
part of the opposition to inte-
grafton that maybe this thing
can be ultimately defeated?
Mr.. Butler-We don't say
necessarily that all problems are
going to be dispelled into thin
air 2ll2 years from now. That
has never been our position
But we say that solutions can
not be arrived at, proper solu-
tons that will be acceptable by
enough people to make it sup
portable, unless such a delay is
granted. And we have hope,
Just as everyone has hope, that
these distressing problems can
at least partially be solved if
a reasonable postponement is
given.
Justice Frankfurter - Am
right to infer that you suggest
that the mass of people in
Arkansas are law-abiding, are
not mobsters, they do not like
deSegregation but they may be
won to respect for the Consti-
tuition as announced by the
organ charged with the duty of
declaring it and therefore
adjusting themselves to it
although they may not like it?
Is that the significance of what
you have said?
Mr.. Butler-Your honor, you
have said it so much better and
so much more accurately ans
so much more concisely than
could that ] adopt it whole
heartedly.
Chief Justice Warren DO
you then believe that if this
court should, in deciding this
case, clarity the things that
you think are now obscure in
the minds Of the involved peo-
pie in Arkansas, that that will
take the place of the delay, OF
do you seek delay in preference
to Qualification?
Mr.. Butler-We seek clari-
f1cation. but we say to make
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-12
Little Rock Lawyer
PIeods for More Time

Here partial transcript of the proceedings In the
Supreme Court yesterday the question OF whether there
should be delay nte0raton OF Central High School in
Little Rock Ark:
The people's voice., 1958-10-03

after college they have to face the
reality that there just aren't
enough challenging jobs in Mon
tana to support the people who
want to live here.
''This loss of more than 500 top
Montana youth a year is much more
than just sentimental tragedy"
Harlow emphasized eve also lose
the contribution that these outstand-
ing Montanans could make, both
through their work, and through the
leadership they could give in helping
to make Montana a better and more
rewarding place to live. Add to this
the unhappy reality of the economic
ally enforced separation of parents
from their grown children, and you
have another dimension of this un-
happy fact about Montana.
Solving this problem means Great
ing new opportunities in our state,
new jobs, new vistas of development.
One of the important possibilities for
this kind of progress is by the kind
of resource development that Para
disc Dam represents. It's building,
and the industrial development that
will follow the abundant low-cost
electricity it will produce can spark
new industry in Montana, and create
new jobs that will number in the
thousands.
This has been demonstrated in
Continued On Page Four)
The people's voice., 1958-10-03
At Tax-Educaton Commission Meeting :.
State Boards New Assessment
Formula Draws REA Protest

Revision of the value-fixing for
mula used for tax assessment of rural
electric co-ops by the State Board
of Equalization drew sharp protest
from a number of rural electric lead
ers at this months meeting of the
Taxation Education Commission on
Tuesday.
Prior to this year rural electrics
were assessed on a schedule basis for
inter-county properties. The schedule
called for an average of 5000 per
mile taxable value for single phase
lines; $3.50 to $500 for two-phase,
and $7OO to $3.50 for three-phase.
Under the boards new formula
which uses investment as basis for
taxation, some co-ops east of the
divide have had their tax bills cut.
Others have had tax increases rang
ing from SO per cent on up.
Particularly hard-hit by the new
formula are rural co-ops in western
Montana. Managers of these, includ-
ing Jim Garrison of Flathead Elec-
trio and Gene Pike of Missoula Elec-
trio. are concerned about the much
higher assessments placed against
their lines by the board. They point
out that. unlike the co-ops in the
more level, treeless regions east of
the divide, it costs them up to twice
as much to provide service to rural
patrons. This is due to the rugged
terrain and the heavy amount of tree
The people's voice., 1958-10-03
Would Replace Interior 9.
Conservation Conference Seeks
Federal Resources Department

DENVER, Colo. = Creation of a
federal department of natural re-
sources was recommended to dele
gates attending the closing session
of the Theodore Roosevelt Conser-
walton Conference here yesterday.
Chief function of the department
would be to carry out hundred bill
lion dollar conservation investment
program during the next so years,
recommended Gus Norwood, Van
couver. Wash, who is executive Sec
retary of the Northwest Public Pow
er Association.
The new department would take
the place of the Interior department
and consolidate existing far-flung
federal conservation programs under
one administrative roof, Norwood de-
clared.
Additional recommendations made
by Norwood called for Congress to
adopt a capital budget, prepare an
inventory of the nations long range
conservation needs, and adopt more
liberal criteria for evaluating the
economic benefits of conservation in
The people's voice., 1958-10-03

body College for Teachers of Nash
vile, Tenn, to make comprehensive
survey of our public school plant.
Peabody was selected because it
is nationally-recognized as outstand-
ing in the educational field. One of
the older teacher colleges of the
border state region, that institution
for three decades has had a division
of surveys and field services, largely
financed by the Rockefeller Founda-
ton. AS primarily a graduate school
with most of it's students taking
specialized training in various fields
of education and school administra-
tion) its staff is composed of men
and women who are leaders in their
respective fields.
Monday the Peabody survey team
headed up by DR.. w. D. McClurkin
reported the results of it's seven
months study of Montana's element
ary and secondary schools to the
Taxation Education Commission and
the Montana Legislative Council,
which shared the financing of the
$4,000 survey.
The survey team, in its 216-page
report, made 81 specific recon-
mendations for improving educa-
tional programs and facilities in
Montana's elementary and second
airy schools.
In addition to members of the two
research groups an estimated $50
D t h ers interested in education
we're on hand for the day-long report
by the survey team and the question
period which followed.
The people's voice., 1958-10-03

clearing which frequently must be
overcome to provide service. Yet, say
Garrison and Pike, considerably high
er rates for rural patrons aren't feas-
ible that such rates would pre-
clude many from having electric
service.
Following their meeting with the
Tax-Education Commission, the rural
electric officials met with the state
board for further discussion of the
new taxing formula.
PRESS PRAISED
Daily press coverage of the Pea
body report, particularly on the part
of the Great Falls TRIBUNE, drew a
warm response from the commission
at its Tuesday meeting, and a motion
of appreciation was voted for the
comprehensive manner in which the
press services. "Luke" Wright of the
Tribune. and the dailies had reported
on the content of the 216-page report.
In another action at the Tuesday
commission member G. r.
Anderson was requested to go through
the 80 Peabody recommendations and
list which ones would require legis-
lative or constitutional amendment
action, and which ones could be ac-
complished by administrative direc-
tive, as a preliminary to further con-
sideration of how much of the survey
Continued On Page Four)