Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-31
Justice Department Moved Swiftly
To Meet Call for Little Rock Brief
BY CECIL HOLLAND
star stan Writer

Last Monday when the SUI
preme Court called special
session on the Little Rock
school controversy, Attorney
General Rogers and Solicitor
General j. Lee Rankin we're in
Los Angeles for the American
Bar Association meeting,
First from the newspapers
and then by telephone from
the Justice Department they
learned that the court had in
vited the Government to file a
brief and take part in the
oral arguments called for last
Thursday.
Since such an invitation is
only slightly less than a COM
mand, it was clear that the
Government would have to
take a stand on the issue be-
fore the court--whether there
is to be an interruption in the
Indignation which began so
stormily last fall at Little
Rocks Central High School.
This is the story Of how that
position was drafted.
Department Was Prepared
AS the officer who represents
the Government before the high
tribunal, Mr.. Rankin had the
responsibility of stating the
Governments stand in a legal
brief and in oral arguments
before the court--and he was
5000 miles from Washington.
But the courts unexpected
action did not find the Justice
Department unprepared. When
the case was before the Eighth
Circuit Court of Appeals IN APP
peal from Federal Judge Harry
]. Lemley'S decision suspending
Indignation in Little Rock for
two-and-one-half years, Mr..
Rankin had directed the prepa-
ration of a brief.
This had been done in the
event the appeals court invited
the Government to participate
in the case. While the appeals
court did not call for the brief.
1t turned out to be fortunate
piece of advance preparation.
After learning of the devel-
opmentS in Washington. Mr.. |
Rankin Immediately telephoned
his Office here and directed
staff work on the brief to fit
1t to the issue before the Su-
preme Court. This was the
appeal of the National ASsoci-
alton for the Advancement of
Colored People calling upon the
tribunal to set aside a 30-day |
delay of indignation granted by
the Eighth Circuit Court as well |
as the 212-year delay ordered
by Judge Lemley. Although |
the appeals court had over
turned the Lemley decision, the
30-day stay if granted would
have permitted the opening of
school next month on a segre-
gated basis.
Flies to Washington
AS Monday progressed, Mr..
Rankin and the Attorney Gen
eral had several conferences on
the matter. They were not
particularly concerned with |
what position the Government |
would take; this already had
been agreed upon. In fact, Mr. |
Rogers had with him then a |
speech outlining in general !
terms the Justice Departments
attitude on the indignation !
question that he would make |
two days later at the bar
meeting.
The Attorney General and
Mr.. Rankin decided that the
Solicitor General should return |
to Washington at once by a |
night plane. Arriving in Wash .
ington Tuesday morning, he
went directly to his fifth-floor
office in the Justice Depart ,
ment. took a shower and
changed clothes, and called in
his top assistants to begin with
them a complete revision Of
the old brief.
Mr.. Rankin himself wrote
out an opening section of the
new version which expressed
the governments interest, in