Jackson advocate. [volume] (Jackson, Miss.) 1939-current, 1958-07-05
u. S. Supreme
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the courts stopped Gov. Orval
Faubus' use of the National Guard
to block Indignation.
The decision UNDERSIGNED the
grave difficulties facing attempts
to mix even a handful of Negro
children into white schools in the
Deep South. And, in particular
it exposed the terrible burdens put
on two institutions as the unwill-
ing levers of social change-the
Federal courts and the schools.
Legal Situation
So far as Little Rock itself is
concerned, the legal situation CEN
ters on a question of time: Can
appellate review of Judge Lemley's
order be obtained by the start of
the next school term in Septem-
Der?
A reversal of the order after
that date would put the Negro
children back in school in mid
term after withdrawing. And that
would add still another unsettling
element to a turbulent situation.
Attorneys Of the National AS
ISOLATION fer the Advancement of
Colored People filed a prompt
notice of appeal to. the United
States Court of Appeals for the
Eighth Circuit. Then, invoking a
procedure used only in extraordi-
nary circumstances, they asked
the Supreme Court to bypass the
Eighth Circuit and review the case
Immediately.
Should the Supreme Court agree
to take the case at this time, it
would have to call a special term
or work past it's expected adjourn
ment Monday. In either case it
would be expected to hand down
its decision before September.
If the Supreme Court refuses
to review Judge Lemley's order
under emergency procedures, the
NAACP will have to ask the Eighth
Circuit to sit in special session
this summer.
If the NAACP cannot get a
review on the merits in either Of
the appellate courts before Septem-
Der, its only way Of keeping the
Negro children at Central High
School will be to obtain a stay of
Judge Lemley's order pending ap-
peal. He has refused a stay him
self, and the NAACP has appealed
that refusal to the Court of APP
peals. 1t can &C, finally, to Su-
prene Court Justice Charles Evans
Whitaker, sitting as Circuit JUS
tice for that circuit.
Judge Lemley's decision was
based on the desirability of a
peaceful interlude" in Little
Rock. And there seems no reason
to doubt that, leaving other ques-
lions aside, majority sentiment in
Little Rock shares the desire for
such breathing spell.
breathing SPELL
The school board, which origin
ally proposed the plan for grad
ual desegregation, had asked Judge
Lemley to suspend it. Harry S
Ashmore, the Little Rock editor
who was Governor Faubus' most
telling critic last fall, said the
breathing spell" was welcome.
There was no disputing the judges
statement That troops cannot "cre.
ate climate that is conducive tc
education"
But Judge Lemley's order in.
wolves more, much more, than the
climate in Little Rock Central High
School. 1t involves no less thar
the course of school Indignation
throughout the entire South.
In his editorial on Judge Lem.
ley's order, Mr.. Ashmore wrote
that if the higher courts uphold
it, they would be saying in effect,
Wherever pressure against deseg.
regation is physical rather thar
merely verbal the Supreme Court
decision can be, and indeed must
be, suspended"
If the order is eventually up.
held, then, it must surely have con.
sequences outside Little Rock. II
other cities, too, a determined
group opposed to Indignation could
create disorder. State officials and
school authorities, either by de.
sire or under the pressure Of pub.
! lie OpiniOn. miOht not ro.&~~ H.