Jackson advocate. [volume] (Jackson, Miss.) 1939-current, 1958-07-05

cipline. Federal courts, under the
rule laid down by Judge Lemley
would then be bound to suspend
whatever steps had been taken ia
bring Negro children into white
schools.
The result would almost certain.
ly be to slow down acceptance OF
the Supreme Court decision. II
could be to stop further schoo
Indignation in the Deep South ano
even to undo programs already
under way.
Opposition Argument
That is why the argument is
made by those favoring the enc
of segregated schools that the
proper resolution of Central High
Schools problems was not to give
way to disorder, but to put the
burden on school officials to meet
it as best they could. 1t is noted
for example, that the school board
did not follow the example of the
board in Hoxie, Ark, and seek
Federal injunctions against trou.
blemakers.
The NAACP's petition in the
Supreme Court thus characterized
Judge Lemley's reasoning:
"Such e. rule of law could be
interpreted only as a concession
that - violence and it's con-
commitant conseq noes are
grounds for denying basic free
doms. Such a position is but an
invitation to violence and to sub
stituting government of mob for
one of laws"
Judiciary Burden
One truth hammered home by
this weeks crisis is that the Fed
eral judiciary is Carrying the bur-
den of the school segregation prob
lem virtually alone.
President Eisenhower has been
extremely reluctant to take any
affirmative role in the whole trans
ition Of Southern race relations.
He has said repeatedly that the
job is fol- the courts, with helr
from the Executive only at tteir
request. The Justice Department,
following his philosophy. showed
no inclination this week to enter
the Little Rock case as a friend
of the court.
This means that the course OF
compliance with the Supreme
Courts decision has been deter
mined by scattering of private
lawsuits. The courts, tradition
ally limited to knowledge of the
facts presented by the litigants
in the particular case, cannot lay
down broad plans.
Planning the solution of ma
tional problems is additionally, in
the American system, the role Of
the Executive Branch. 1t is fail
to say that the Executive Branch
has played no part whatsoever
since 1854, in suggesting appropri.
ate means to make the Supreme
Court decision effective or in re.
solving the tensions it has caused
Bid To Congress
The Little Rock school superin.
tendent, Virgil Blossom, called al
most plaintively this week for &C.
ton by Congress.
But the realistic truth is that
Congress is disabled by Southern
power in the Senate from taking
any action to implement school in
tegration. 1t struck from the
Administrations civil rights bill
last year the enc section aimed a
the school situation-a provision
to let the Attorney General bring
civil suits on behalf Of private
persons rights, including the right
to unsegregated schooling.
Whether the Executive Branch
could or should have done more
than it has in the last four years
without Congressional authorize
ton is matter Of debate. Pro
posals runs from moral leadership
and personal persuasion by tn,
President to more active lega
role for the Justice Department.
Whatever the reasons, the fac
is that the Executive Branches Of
the United States Government arr
taking almost no part in the solu
ton Of this country's most pressing
domestic issue-racial segregation
in the pubic schools.