Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28
u. S. Joins NAACP
In Little Rock Plea

81 ElNt0 IN
Continued from First Page
entire proceedings are to get
time"
The stay granted by the Cir
cult Court Of Appeals, II not
otherwise determined, would
mean that the Little Rock in
tegration issue could not come
to the high court before Oc-
tober, Mr.. Marshall said. He
added that it was not regarded
as a good practice to transfer
children after a school term
has started.
more Litigation"
cit is quite obvious" the at
torney continued, "that any
time spent in delaying this
process will not bring less liti-
cation but more litigation"
At one point Mr.. Marshall
dashed out at Gov. Orval E.
Faubus of Arkansas and the
Arkansas Legislature which has
just passed laws designed to
block any indignation, includ-
ing the closing of the schools.
The NAACP attorney said the
Governor and the Legislature
were setting themselves up
against the whole United
States"
Mr.. Marshall and the Gov
ernment'S brief argued that the
Supreme Court has the author
ity to consider the merits of
the case-that is, go beyond
merely vacating the stay order
because "the merits have al
ready been decided"
Justice Harlan inquired about
the postponment of the OPEN
ing Of Central High School
from next Tuesday until Sep
TENDER 8 and the legislative
proposal for putting on the
opening date until September
Is.
Virginia Matched
Mr.. Marshall said the Arkan-
saS authorities had reported
the later opening date in order
to see what happens in Virginia
$50 they will know what to do
in Arkansas" The school inte-
grafton issue comes to a head
next week in Arlington and
other places in Virginia.
Mr.. Marshall argued that the
school board has not sought
the full help of the Federal
courts in carrying out the
courts Indignation orders and
that the stay, If allowed to
stand, will completely change
the status of the individual
students involved. Seven of
the original nine Negro stu
dents who entered the Little
Rock high school last Septem-
Der have not yet graduated.
IF they're in segregated
schools for the next school
year, their rights are just gone,"
Mr.. Marshall said.
Asks Definite" Ruling
In asking the high court for
a definite decision" Mr.. Mar
shall urged that it should be
made clear to the Little Rock
authorities that indignation
cant be suspended or {.
interfered with by the Legis-
Ilature or anyone else"
Before the hearing began,
Mr.. Butler said he was taken
by surprise by the Govern
ment's position in favor of i'm
mediate migration Gin view of
the Presidents statement yes
terday." He was referring to
Mr.. Eisenhower's remarks indi-
eating he personally favors a
slower process Of school de-
segregation.
Mr.. Butler told Solicitor Gen.
eral Rankin he was going to
seek extra time for rebuttal
since your department is TAX
ing the part Of the NAACP. We
didn't know this till this morn
ing" The Solicitor General
merely smiled.
Issue Of Jurisdiction
In backing up the NAACP
appeal for the Supreme Court
to act now on both the appeals
court stay and Judge Lemley's
decision. the Justice Depart
ment said:
The jurisdiction of this court
has been properly invoked.
Since the decision Of the Court
of Appeals is clearly correct
and there is no likelihood that
respondents (the Little Rock
School Board can prevail on
the merits. the relief sought by
petitioners should be granted" y
100 seats available in the
chamber for the public.
The Governments brief cited
the factors laid down by the
Supreme Court in 1855 for
justifying allowance Of addi-
A.