davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28
ny the Associated Press

Here are thumbnail sketches
Of the lawyers arguing before
the Supreme Court today in the
Little Rock (Ark0 school seq
regation case:
THURGOOD MARSHALL, SO
-Baltimore-born Negro, SIS
000-a-year special counsel to
the National Association for the
Advancement Of Colored People.
High-spirited, poker-playing.
Widely respected among fellow
lawyers for skill in presenting
civil rights arguments - he's
won IL out Of IA cases before
the Supreme Court. Senator
Russell, Democrat of Georgia,
said Mr.. Marshall seems to
WELD an almost occult power
over most members of the court.
1t was Mr.. Marshall who pre-
scented the NAACP's original
case against school segregation.
RICHARD C. BUTLER, AZ
Arkansas born and bred, tall,
gray haired, slow-spoken attor-
ney for the Little Rock School
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28
Summary Of Issues
Before the High Court

Today's Supreme Court
session was called to decide
whether a delay in integra-
ton at Little Rock (Ark.)
Central High School should
be permitted.
The hearing was called
against the background Of a
June 81 ruling by Federal
District Judge Harry j. Lem
ley Of Hope, Ark, that inte-
grafton at Central High
should be delayed "a years.
The 9Th Circuit Court of APP
peals at st. Louis overruled
Judge Lemley, but stayed its
order by granting the Little
Rock School Board its re-
quest for a 30-day postpone
ment to permit the board to
appeal the courts order to
the Supreme Court.
Meanwhile, the National
Association for the Advance
ment of Colored People asked
the Supreme Court to over
turn the stay order and per-
nit the high school to open
next month on an integrated
basis.
Here are the key points Of
other briefs filed with the Su-
preme Court. as summarized
by the Associated Press:
NAACP-Argues that exer-
else Of courts authority to di-
rect continued indignation at
Central High School is i'm
perative to preserve conSti-
tutional rights. Says q PRO
cedural device Of granting or
denying q stay cannot be en-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28
Preliminary
Statement

The prior course Of the pro-
eeedings in this case are fully
set forth in the petitioners APP
plication to Mr.. Justice Whit
taker, filed on August %, 1858.
The facts which pertain to the
merits Of the controversy, /. e.,
the facts which bear upon the
question whether there was
adequate legal basis for the
district courts order suspend
ing the operation Of the previ-
ously approved plan Of desegre-
cation, are stated in the opin-
ion Of the court Of appeals.
In this brief, filed in response
to the invitation of the court,
we shall discuss, first, our rea-
sons for believing that the court
has full power to grant the re-
lief which is sought, and, Sec
ondly, the basis for our con-
slusion that this relief should
be granted.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28
THUMBNAIL SKETCHES
Top Lawyers Cost
In Little Rock Roles

Board. He's a member of the
law firm Of House, Holmes,
Roddy, Butler a. Jewel in his
native Little Rock. He was a
World War II Army officer.
Assisting him is John H. Haley,
81, a native Of Hot Springs,
Ark, who once edited the
Arkansas Law Review.
J. LEE RANKIN, Slow
pressure Nebraska lawyer
rancher with interests ranging
from riding to rose culture.
AS United States Solicitor Gen.
eral (since August is, 1855, he
the Governments
point Of view as what lawyers
call "a friend Of the court"
Mr.. Rankin, a mild-mannered
man, similarly argued for the
Federal Government in pro-
ceedings which led to the May
II, 1854, Supreme Court deci-
sion declaring public school
segregation unconstituti on ].
There was no Solicitor General
at that time and Mr.. Rankin,
then an Assistant Attorney
General, was given the assign
ment.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28
Conclusion

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 can prevail on the
merits, the relief sought by
petitioners should be granted.
Respectfully submitted.
j. LEE RANKIN,
Solicitor General.
OSCAR H. DAVIS,
PHILIP ELMAN,
RALPH s. SPRITZER,
Assistants to the Solicitor
General.
SEYMOUR FARBER, Attorney.
August, 1858.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28

ployed where the result will
be to delay or nullify the
exercise Of clearly determined
rights" Says court has "fre-
quently exercised its authority
to prevent such unjust re-
suits"
SCHOOL BOARD - Con-
tends current conditions in
Little Rock make it impos-
sible to operate Central High
on an integrated basis this
session. Says refusal by court
to direct immediate continu-
alton of Indignation will
mean that the education of
Negro high school students
will not be interrupted and
in fact they will be spared
the practicable mental tor
ment and physical danger
that would accompany at
tendance at Central High"
Says situation should be
clarified in 21a years and it is
presumed "a national policy
will have been established by
then"
SENATOR FULBRIGHT,
Democrat of Arkansas -
Asked permission yesterday
to file brief supporting school
board and pleading for 21z-
year delay as called for In
ruling by Judge Lemley. Brief
expresses Senator Fulbright's
feeling of being deeply
troubled for the future peace
and happiness of the people
Of Arkansas and of this Ma
ton, Of al races and creeds. "
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28
Cubu Repeatedly
Gusts American
By the Associated Press

Aides of Senator Johnston,
Democrat of South Carolina,
said last night they have been
informed by the State Depart
ment that Wilton E. Hall, jr.,
of Anderson, s. c.. was deported
from Cuba on Friday.
A source in Havana told the
Associated Press Tuesday that
Mr.. Hall, son Of a South Caro-
lima publisher, left Cuba volun-
tarily.
Mr.. Hall, 81. was arrested last
week after he penetrated a rebel
stronghold in Oriente Province
and interviewed rebel leader
Fidel Castro.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28

many times and I hope I don't
have to state it again"
Another questioner asked
what the President thought Of
State laws to close public
schools where indignation oc-
ours. Virginia has had such
a law for two years and one was
passed by the Arkansas Legis-
lature yesterday.
Mr.. Eisenhower said such a
closing would be "a terrible
outcome" He added that he
thinks a great deal Of litiga-
ton would follow any such
action, with great pressure
from the citizens to reopen the
closed schools under conditions
they think best.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28

IdeSegregation was carefully
worked out over a period o.
three years. Under the plan
complete desegregation was moi
to be effected until 1853. Pre-.
viously challenged by these pc
titioners as being too slow, il
was nonetheless approved by
the district court and by thu
court of appeals as being sir
present compliance with thu
law" as expressed by this court'I
mandate.
The plan, ordered put intC
effect forthwith" has been il
operation for an entire schoo
year. In the instant proceed
ing, however, the district court
ordered a suspension in thu
operation of the plan thereto
fore approved.
The justification, in the dis
trict courts words, is ''the deeI
seated popular opposition il
Little Rock to the principle o.
indignation, which, as is known
runs counter to the pattern o.
southern life which has existed
for over 800 years." The mani.
festation of this opposition by
certain standards" is given al
a further reason.
This courts mandate, how
ever, required a prompt begin
ming, and, therefore, progress
with "all deliberate speed" The
court countenanced the posi-
bility Of delay only to the extent
that time might be necessary in
order to work out constructive
measures for accomplishment
of the transition. 1t declared
that the constitutional prin-
ciples might not yield simply
because of disagreement with
them" AS it recently stated
the proposition in another con-
text Exclusion of Negroes from
grand jury service in Orleans
Parish, Lao, local tradition
cannot justify failure to comply
with the constitutional mandate
requiring equal protection OF
the laws" Eubanks v. Louisi-
ana.
The district courts DISPOSE
ton Of this case, as the court
below has held, cannot be
squared with these admonitions.
1t does not require construc-
tive measures of implementa-
ton; it endorses a moratorium
in order to wait and see" what
may happen.
Second. The district court
did not rely solely on its find
|
ing that there were traditions
and attitudes in the commu-
nifty which were hostile to de-
segregation. 1t gave weight to
the fact the opposition sis more
than a mere mental attitude"
and has manifested itself in
overt acts which have actually
damaged educational standards
and which will continue to do
so if relief is not granted"
This reliance upon overt
manifestations of opposition
to deSegregation reflects the
fundamental error in the dis
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28

tition for ceriorari until ap-
propriate interim relief can nc
longer be afforded.
b. In passing upon the appIi.
cation, the court should weigh
the probability Of a reversal Of
the judgment below.
AS indicated in the stay or
der Of the court Of appeals,
the only purpose Of q stay Of
that courts judgment at this
stage Of the litigation would
be to give this court an oppor-
tunity to consider whether or
not to review the Judgment be-
low, and, If so, to consider the
merits.
1t is therefore fully appropri-
ate for the court-now con-
vened in an extraordinary spe.
cial term to consider the appli-
cation for relief-to determine
whether or not it will grant GER
tiorari to review the judgment
below, and even to consider
whether it would affirm if GER
tiorari were granted. In Lucy
v. Adams, the court obviously
considered the merits in pass
ing upon the stay application,
and it apparently did so in
Tureaud v. Board Of Super
visors. See also johnson v.
Stevenson, Rosenberg v. United
States Gin which the court
on a motion to vacate q stay
Extensively considered the mer-
it's. In this case, too, If at this
special term the court finds
no reason to review the judg-
ment below or If it agrees that
that decision is correct, there
could be no further reason for
the stay granted by the court
of appeals.
In its per curiam opinion Of
last June 80, the court rec
ognized the vital importance
| Of the time element in this liti-
cation" and the need for judi
cial action Gin ample time to
permit arrangements to be
made for the next school year. "
If there should be any doubt
of the propriety Of considering
the merits at this time when
only the application for relief
is before the court, it would
be appropriate to call upon the
present respondents (the Board
of Directors Of the Little Rock,
Arkansas, Independent School
District, and the Superintend-
ent OF Schools) to file q petition
for certiorari at once, instead
of waiting for 30 days as they
may do under the Eighth Cir
cults stay order. In Elk parte
Quirin, the petitioners filed
such petitions during the course
of argument and those petit
tons were promptly considered
and granted.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28

THIS COURT HAS FULL
POWER TO ACT AT THIS
TINE UPON PETITIONERS
APPLICATION FOR RELIEF,
AND, IN DOING so, 1T
SHOULD CONSIDER THE
MERITS OF THE CONTRO-
VERSY.
A. The court has full power
TO pass upon the application.
There is no doubt that this
SQUIRT has full power to act up
on the present application to
vacate the stay, even though a
petition for certiorari has not
yet been fled by respondents.
In comparable cases in which
delay would be prejudicial, in
dividual justices have exercised
the power to consider a stay
before the court has been for
mally seized of the matter
through the filing of a petition
for certiorari or the taking Of
an appeal. See, e. g., Rosenberg
v. United States, Land v. Dollar,
Fahey v. Mallonee, stay granted
by Mr.. Justice Rutledge; john
son v. Stevenson.
AS these same cases show, the
full court also has the power
to pass upon stay applications,
and it has exercised that au-
thority when the occasion
arose.
In two recent cases involving
school problems, the court has
aflrmatively exercised it's stay
powers in a similar situation.
In Tureaud v. Board Of Super
Visors, a stay was granted Of
q Fifth Circuit judgment
which is to be brought here
for review in q petition for
certiorari." And in Lucy v.
Adams, the court reinStated an
injunction which had been
stayed by the district court
tpending appeaD and which a
circuit judge had refused to
reinstate.
The courts plenary authority
to grant or deny stays, interim
injunctions, or other prelimi-
nary relief flows from its posi-
ton as the highest judicial
tribunal in the Nation with
both appellate and supervisory
jurisdiction over the lower Fed
eral courts. The Court Of APP
pealS' judgment will come be-
fore this court on petition for
certiorari. and Section 2l06 of
Title % vests the court with
full power to affirm, modify,
vacate, set aside or reverse that
judgment. The All-WritS Stat
ute grants the court full au-
thority to issue all writS neces-
sary or appropriate in aid of
its jurisdiction. And the court
likewise has a general supervis-
ory authority over the Federal
judicial system. See Rosenberg
v. United States, Calvaresi v.
United States. 1t goes without
saying that this complex of
powers cannot be defeated by
postponing, the ming Of a Pc
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28

Here's a quick look at the
nine members of the Supreme
Court:
CHIEF JUSTICE Earl
WARREN - White-haired at
81. Looks like a chief judge,
Slowly losing the broad smile
he wore on mounting the high
bench October 5, 1858. Thinner
now than in '53. Passes up des-
sertS at the many social and
public affairs he attends. Wrote
opinion outlawing school seq
regation seven months after
taking court seat.
Three-term Governor of Cali
fornia. Ran for Vice Presidency
in 1913 on Republican ticket
headed by Gov. Thomas E.
Dewey of New York. Popular
belief about his influence has
led to description of the high
tribunal as "the Warren court"
HUGO L. BLACK-At 70 he's
next to the Oldest justice.
Could have retired at full pay
two years ago, but loves his
job. Recently wed his secretary
in his second marriage. Some
grey hair left. Red-faced from
outdoor activities. Piercing eyes.
Soft voice often inaudible
throughout courtroom. His in
sistent, penetrating questions
can shatter a lawyers one-hour
argument. Alabama native and
one-time Ku Klux Khan mem
Der. Former Democratic Sena-
tor on high bench since 1887.
y + + =
FELIX FRANKFURTER -
Born in Austria almost 70 years
ago. Oldest man on high bench.
Also eligible for retirement at
full pay long ago. Expects to
stay on job until he drops.
Half-bald, thin hair snow white.
Former Harvard law professor.
Squirms and twists on swivel
chair at high bench. Turns
ashen-faced in laying down the
law to poorly-prepared, ter
rorized lawyers. His vocal DOM
nance Of some argument Ses-
sions irritates his brother
judges. On bench since 1899.
WILLIAM o. DOUGLAS -
Rugged, outdoor type who likes
to roam the wilds. VIII be so
soon. Unruly yellowish hair
flops across his forehead. Low
pitched voice infrequently
heard in argument sessions.
Makes up for this in writing
sharp dissenting opinions. His
liberal friends have doomed
him for President in past years.
Onetime chairman Of Securi-
ties and Exchange Commission.
Born in Minnesota. A court
member since 1899.
HARnTn n pTrpTOAr na
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28
| |

THE RELIEF SOUGHT b
PETITIONERS SHOULD BIZ
GRAN TED BECAUS I
THERE is NO LIKELI.
HOOD THAT RESPOND
ENTS CAN PREVAIL ON
THE MERITS
A. There is NO legal basis for
reversal of the court of ap-
peals' decision.
At the outset, it should be
stressed that this case involves
a petition to postpone the effec-
tive dates of a school plan duly
adopted and in effect, not an
issue as to whether a plan OF
particular type of plan should
be accepted or approved.
The decision Of the district
court rested upon two basic
misconceptions: first, as to the
governing principles laid down
by this court for determining
when a delay in carrying out q
school desegregation plan may
be allowed; and, secondly, as to
the extent to which constitu-
tional rights may be nullified or
impaired because Of hostile ac-
lions taken by those opposed to
the exercise Of such rights.
First ca On May II, 1854,
this court unanimously declared
that racial segregation in public
schools is unconstitutional.
Brown v. Board of Education,
and companion cases. Because
the five cases before the court
arose under different local con-
ditionS and involved a variety
Of local problems, the court re-
uueSted further argument on
the question Of relief. It invited
the Attorney General of the
United States and the attor-
neys general of all States in
which racial segregation in
public schools was required or
permitted to appear as amici
curiae to present their views.
Comprehensive briefs on the
question of relief were sub
mitted to the court by the
parties and the amici, and the
oral argument extended over
a period of four days (April IL
IA, 1850. The courts opinion
and judgment were announced
on May 81, 1855. Brown v.
Board Of Education. Any an
alysis Of the courts opinion
must take into consideration
the arguments which were made
to the court, some of which
were accepted and others re-
jected.
Essentially, three lines Of
argument were made to the
court on the question Of relief.
On the one side, the plaintiffs
contended that there was no
justification, legal or factual,
for any delay in enforcing their
constitutional right to enter
'nonSegregated public schools,
and that the court should re-
quire desegregation forth
with"
On the other side, the de-
PENDANTS and some of the amici
pointed out that racial segre-
cation in public schools had
been in existence in more than
one-third of the States and in
the District of Columbia for
almost a century; that during
its existence it enjoyed the
sanction Of decisions Of the
court and was believed by many
people to be necessary in order
to preserve amicable relations
between the races, and that
school segregation was part Of
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28
Discussion

The Government is primarily
interested in the preservation
and maintenance of public
education in accordance with
the Constitution. The Govern
ment believes that the Nation
must be sympathetic and un-
Outstanding Of the difficult
problems that have to be dealt
with by school districts in
bringing about nonsegregation
in the schools and cannot fail
to appreciate the adjustments
that have to be made in school
systems which have been oper-
ated under a different asSump-
ton for a long term OF years,
It recognizes that plans for
implementation of the courts
decree may be modified in &C
cordance with equitable prin-
ciples.
As the Government reads the
opinions of this court in Brown
v. Board Of Education, the de-
cision so provides. The Govern
ment considers that the court
has allowed wide latitude to
carry into effect the decision in
accordance with the conditions
in the locality and the prob
lens involved.
However, there are certain
primary considerations: First,
that there be a prompt start;
second, that the action be taken
and continued in good faith and
by all reasonable means, under
the circumstances, to accom-
plish the plan; third, that OPP
position to the decision ex-
pressed in violence and unlaw-
full acts does not, solely or Of
itself, justify the abandonment
or modification of the plan;
and, fourth, that any change
of a plan once placed into eff
feet must provide for active
steps and progress toward its
objectives during any period Of
modification.
In the light of these basic
considerations, this brief is
narrowly addressed to the issues
before the court in this par
ticular proceeding.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28
Justice Department
Urges End Of Delay

FOLLOWING is the teri of the Justice Departments brief
Ned today NTH the Supreme Court In the Little Rock
integraton The department entered he case as
aMicus curide-d friend of the court.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28
AS TRIBUNAL MEETS
Sketch Of 9 Justices
Of Supreme Court

loved jurist who could have re-
tired at 10 last June az. Some
white hair left as time has
taken a heavy toll in nis ap-
pearance since he Joined the
court. Always mild in handling
lawyers. Enjoys talking with
people-even tourists encoun-
tered in halls. Former Cleve-
lander and Republican Sena-
tor from Ohio. Close friend of
former President Truman, who
put him on bench in 1945.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28

TOM C. CLARK-Only bow
tie wearer on the court. Fond
Of white Western hats for street
wear. Greying. but at almokt
SO he's holding his own in
healthy appearance. Friendly
like his fellow Texans. Usually
stern-faced on the bench, but
has easy manner with arguing
lawyers. Former u. s. Attorney
General. Another friend Of Mr..
Truman, who put him on bench
in 1919.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28
JOHN MARSHALL HARLAN

JOHN MARSHALL HARLAN
A grandson Of Supreme Court
Justice John Marshall Harlan
who served from 1877 to 1911.
The grandson is greying at 50.
Sturdy looking and apparently
deeply interested in his work.
Promoted to high bench In 1855
from United States Circuit
Court in New York. Former
counsel for New York State
Crime Commission. Also q
corporation lawyer. Sometimes
referred to in complimentary
terms as a lawyers lawyer.
+ 4 81
WILLIAM J. BRENNAN, JR.
youngest justice in point Of
age. Born in 1906. Took place
on Supreme Court bench Octo-
Der is, 1856. Former associate
justice on New Jerseys Supreme
Court. Only Catholic on high
tribunal since death Of Justice
Frank Murphy. Round-faced
and happy looking. Good head
Of brown hair makes him ap-
pear youthful beside his as
sociates.
\ * II
CHARLES z. WHITAKER
Junior member of Supreme
Court in point Of service. Age
81. Another lawyers lawyer.
Thin-faced and Of severe as
pect. Plenty Of brown hair,
Gives impression Of deep mem
tai concentration. Former KAN
saS City CMo) attorney. Pro-
NOTED from q. 8. Circuit Court
in st. Louis. Took high court
seat March Is, 1857. Now called
one Of hardest working justices.
His ONCE lights burn late ct
night. early in morning, and on
holidays. .
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28

HAROLD H. BURToN-Be,
Kodiak mirror., 1958-02-01
Nat'I vFW Week Observed Here

National VFW Week, which ended January 25, was observed locally with full program by Vet erans of Foreign Wars Katmai Post 7O56 and the Ladies Aux Hilary.
 The week was devoted to com munity service under the direction of George Sonntag, Service Officer. Combined religious activities were well attended by both Post and Auxiliary members on Religious Freedom Day, while Cooties and COotiettes were active in hospital visitations.
 Post members Leroy (Smoky) Nentzel and F. R. Landers pre- sented the aims and views of the Explorer Scouts over AFRS-TV during the week. The Explorer Scouts are sponsored by Katmai Post. Z
 Expressing his thanks to Post and Auxiliary members for their participation in the program, Post Commander Phillip Dinglasa said, II believe these principles of Americanism should be observed at all times by all people, rather than just once a year"
 Dinglasa added that the mem bership continues on the upswing, with nine new, or reinstated, mem bers being recently accepted.
 The week-long program ended with an Open House at the Post Hall Saturday evening, January 25.
 Following is a schedule of the events planned for the next month
 VFW Meeting February 4th at 800 pm.
 Church Service February 9th lO:OO m. Star of The Sea Chapel.
 Auxiliary Meeting February 10th 300 pm.
 Cootie Meeting February 11th BOO pm.
 Valentine Party February 18th