St. Paul recorder. [volume] (St. Paul, Minn.) 1934-2000, 1958-06-27

in areas, where there is no en-
forced race segregation in the
public schools regretted the
judges decision. Some hoped the
US. Circuit Court of Appeals
would upset it.
The liberal Chicago SUN
TIMES called its editorial: MOB
RULE WINS IN LITTLE ROCK.
Said the SUN-TTMES:
The law of the land has been
made to bend to the wishes Of race
mobsters in Little Rock by the de-
cision of us. District Judge Harry
j. Lemley.
THE local school board, too, ras
bent to the pressure of a small
group that is willing to use vio-
lence to prevent Indignation of nine
Negro school children into the big
Central High School
IF Judge Lemleys decision de-
laying Indignation at Central for
pa years stands up in the higher
courts, Indignation in all of the
South may as we'll be abandoned
in those communities where a
small but violent minority OPP
poses it,
Judge Lemley comedies the con-
stitutional right of the Negro stu
dents to attend the high school
But he believes the time for en-
joyment of that right has not yet
come. He ordered that the "delib-
crate speed" that the Supreme
Court prescribed for indignation
should be more deliberate thar
speedy. It was the intention of the
high court that local judges should
be the best judge of the pace OF
Indignation and II Is on that basis
that Judge Lemley acted.
He bases part of his ruling or
the fact that a longer period Of
time is needed to ntigate various
conflicting state laws bearing or
integration.
But he does acknowledge the
local resistance to Indignation
which was given encouragement
by Gov. Orval Faubus when hi
sent in National Guard troops tC
prevent the carrying out of ar
earlier federal court order institut
ing indignation.
The 25a year delay obviously {.
tied in with Faubus term of of
flee. II he is reelected this year
he will be out of office in ~
years. If he is defeated, the mod
crates in Little Rock will be en-
couraged to resolve the indignation
problem along the original line
that Faubus obstructed.
The blame for the untenabl,
position in which Little Rock find
itself-bowing to mob spirit
must be shared by many, including
the executive branch of the fedora
government, which has not lait
down a definite pattern for en-
forcement of the migration order
Certainly as Little Rock edito
Harry Ashmore has said, the situa
ton is fntolerabIe when childrei
can be kept in school only b,
armed force.
"As matters now stand the choic
seemed TO be between use Of sucl
force, which begs the issue, or b.
a tactical delay such as Judg
Lemley granted
TT seems to US, however, tina
the US. sth Circuit Court o
Appeals, which only recently rule
that Faubus had no right to US
the state militia to defeat a fed
eral court order. might be unhkel
to uphold an accomplishment Q
Faubus' detectives by a change /
the court order.
IF Judge Lemley is overruleC
and Indignation goes ahead. N
Justice Department must be viii
ing to take legal steps to enforc
it-possibly by ordering arrest G
rioters rather than by setting u
a military Gordon against them.
Meanwhile, we shudder to thin
how this latest Little Rock deve
opment can be used by Commur
list propagandists. They can pie
ture US. courts intimidated b
racists and not be far from teIlin
the awful truth"
The arch-conservative and In
divduahstic Chicago TRIBUNl
was critical OF the theory ths
~ years would mean change 1
the attitudes Of those opposing ir
teRration. The TRIBUNE opineo
Judge Lemley based his d
cision on the testimony Of N
president Of the school board. N
superintendent. and = number c
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