davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29

Eisenhower by automobile to
the presidential vacation site.
They left at 9:45 am. Mr..
Hagerty said they probably
would stop of in New York
tonight. Mr.. Hagerty said the
Aliens would be house guests
of the Eisenhowers at Newport.
The hurricane, the White
House was told, is expected to
pass Newport more than 100
miles out to sea. BY $50 pm,
when the President is due there
under his revised schedule,
Daisy was expected to be 200
miles east Of Cape Cod.
Mr.. Eisenhower plans to land
at the Quonset Point Naval
Air Station and fly by helicop-
ter across Narragansett Bay to
his vacation home at Fort
Adams-a part of the Newport
Naval Base less than a two
minute auto ride from the
Newport Country Club.
There is no indication how
long the Eisenhowers will va
cation at Newport. They stayed
there a month last year.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29

lawyers arguing the case
were, in order, Thurgood Mar
shall for the National ASsocia-
ton for the Advancement of
Colored People; Richard c.
Butler for the Little Rock
School Board, and J. Lee
Rankin, United States Solicitor
Generally
MIR. Marshall-The rights we
seek are rights that have been
recognized by the Federal
courts 49,.
1t is quite obvious that any
time spent in delay in this
matter would bring about not
less litigation but more litiga-
ton and that is why we
believe that this court must
not only vacate the stay of the
Court of Appeals for the Eighth
Circuit but I think that in the
present posture of this litigs-
ton, in the very perculiar sta
tus that it is in, and the atmos-
phere that now exists in the
State of Arkansas with the
Governor, the Legislature and
everybody determined to set
themselves up against the whole
United States, that the only
effective relief that this court
can give that will protect ths
rights of the petitioners here
would be to vacate the stay
of issuance of the mandate
two, to stay Judge Lemley s
order tfor a 212-year delay in
applying integration to Contra,
High 49,.
Justice Frankfurter - They
(the school board first asked
for instructions. and in view
of the imminent or actually
executed order of the Governor
for the troops there. Is thai
right?
Mr.. Marshall Yes, sir-no
sir. To keep from carrying the
plan out-they wanted to bt
relieved from putting the chill
dren VI school as of that Sep
TENDER tof 1850.
Much of Mr.. Marshall''
presentation was on technica
points,
The Chief JuStice-Mr. Butler
:. has the school board deter
mined what it will do toward;
desegregation or towards leav.
ing the matter as it was last
year. in the event this court
declines to grant this stay?
%r. Butler-No. sir. 1t ha;
not decided. because it 1;
almost compelled to see what
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29

Having considered the oral
arguments, the Court is in
agreement with the view ex-
pressed by counsel for the re-
spective parties and by the So
licitor General that petitioners
present application respecting
the stay of the mandate of the
Court of Appeals and of the
order of the District Court Of
June 81, 1858. necessarily in
wolves consideration Of the mer-
its of the Court Of Appeals de-
cision reversing the order of
Judge Lemley.
The Court is advised that the
opening date of the High School
will be September IS. In light
of this, and Representations
made by counsel for the School
Board as to the Boards plan
for filing its petition for GER
tiorari, the Court makes the
following order:
/. The School Boards petit
ton for certiorari may be filed
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29
MTEGRAHoN TEXT
Partial Transcript of High Court Hearing on Little Rock

ments in the community that
would commit violence to pre-
vent it from going into effect?
Mr.. ButIer-Mr. Chief JUS
tice, I think so, but not directed
to the people who form mobs,
not directed to the people who
are law defiers. We are not
standing up here trying to
argue for their side Of it.
The Chief Justice--I know
you are not.
Mr.. Butler:-We are argu-
ing for the great mass Of peo-
pie throughout the South who
l say again and will say again
and again, are not law defiers
They want to follow the law
but they as of this moment
without certain State statutes
having been tested in court, dc
not know just exactly what the
law is in a particular given
circumstance.
The Chief JuStice:-Is it the
State law that concerns you OF
is it the threatened violence
that concerns you?
Mr.. Butler:-Both, both.
The Chief Justice:-So long
as the State laws conflict with
the Federal laws, you would
think that there should not be
any indignation?
Mr.. Butler:-No, sir. no, sir
I do not feel that way
after recess. argument or
behalf of respondent resumed
BY Mr.. Butler0
Mr.. Butler: - Regardless Of
whether or not the people Of
Arkansas should recognize thu
United States Supreme Court
decisions as the law of thu
land. the plain fact is that they
have not. and it Is most diff
cult for them to do so If no
impossible, when the Governor
of the State says that that i
not the law of the land, tina
only Congress can really sa!
what the law of the land is.
Now as lawyers, we may TAKE
the position well, they are no
informed. but that is a fact
and as long as the Unitec
States Senator from a neigh.
boring State of ours says 1t il
not the law of the land, anC
as long as our Governor say!
that it is not the law Of thu
land. not the settled law o.
the land. Mr.. Chief Justice. vol
have been the governor of {
great state
| The Chief JuStice-But
never tried to resolve any lega
problem of this kind as Gov
iernor Of my State. ] though
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29

cause "the island Is doomed. !. !.
q landing Ia imminent" II
claimed Red forces controlled
the l00-mile strait between
Quemoy and Formosa and
there is neither hope Of REIN
forcement nor hope Of with
drawal." The strait is. in fact,
patrolled by the mighty United
States 7th Fleet.
The Red BROADCAST was
shameless and laughable,"
said Gen. Tiger" Wang shu-
ming, chief Of the Nationalist
general staff, He added that
the Reds have been carrying
on such propaganda for so
long that I'VE never even think
about It,"
The Communist broadcast
also said the Reds were deter
mined to take FormoSa. The
United States State Depart
ment, in a new warning TO the
Communists, pointed to earlier
American declarations that any
assault on the offshore islands
would be considered a general
threat to Far East peace. There
still was no outright promise.
however, to join the National
lists in defending the smaller
island as the United States is
committed to defend Formosa.
In Seoul. President SyngmaH
Rhee used the Quemoy situa-
ton as the basis for another
of his periodic calls for more
United States military aid. He
said the trouble can explode
into a Communist-launched
war engulfing all Asia.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29
Fujiyomu to Meet
Dulles Here Sept. II

TOKYO, Aug. 20 (AP).-
American Ambassador Douglas
Macarthur II, will leave Tokyo
for Washington September l to
prepare for the United States
visit of Japanese Foreign Min.
lister Aiichiro Fujiyama.
Mr.. Fujiyama is to confer
with Secretary of State Dulles
in Washington September IL
IL. He will leave Tokyo Sep
TENDER 3 and plans to visit
Canada before going to Wash
ington.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29

invited by the court to partici-
pate in the case as friend Of
the court"
Mr.. Butler painted a picture
of a school board distraught
by pressures, uncertain Of the
law, and attempting to main
tain a system of public educa-
ton fair TO Negroes and whites
alike in the face Of insuperabls
odds.
He said the great mass Of
Arkansas citizens were not Law
violators but that they were
cropping for a policy that woulc
be in keeping with the broad
view Of the desegregation de-
cree while still maintaining 9
public school system.
In his opening statement
Thurgood Marshall. genera
counsel Of the NAACP which il
backing the Negro students. as
serted: THE rights we are seek
ing protection for are not right.
in the abstract. The rights thai
we seek are rights that have
been recognized by the Fed
eral courts.
The decision to hold new ar.
guments came as an anti-clima,
to q tense day. Many persons
including Justice Department
officials, jurists and educators
and ordinary citizens as wei
we're hopeful that the thorny
desegregation issue would b
decided yesterday.
Judges and others closely
connected with indignation liti.
CATION in Virginia and else
where are hoping to find in the
Little Rock decision clear guide
lines for the problems before
them.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29
FORMOSA

Continued From First Page
was intended to round up sub
versives and other undesirable
elements.
The Communist broadcast
yesterday said the Quemoy
garrison should surrender be-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29
Church Cut in Half
To Increase Capacity

SAN MATEO, Calif,-A
church in San Mateo hit on an
unusual way to increase its
seating capacity from 222 peo-
pie to 1922. The original build
ing was cut in half. After the
front half was moved two feet
forward, two sections were in
serted in the middle, thus
lengthening the building.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29

the Soviet Union and the
United States.
Michel Smirnoff, legal expert
from Yugoslavia, called for a
system Of controlled liberty"
compromising between rules tot
national sovereignty and free
dom for any nation to launch
whatever it chose into space.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29

statutes are passed by the Cen
eral Assembly now in session,
and various other things which
it has no way Of determining
And this school board no doubt
will have to meet those situa-
tons as they arise, as they have
had to do all the past year :.
This school board is simply
faced with realities, and that is
the position that it is In. 1t
did not anticipate the extreme
difficulties that 1t went into,
:. neither did they anticipate
the things hich are right
today destroying the public
school system.
The Chief Justice-Mr. But
Ter. as you were relating the
reasons why the school board
continued this for two and a
half years. the question crossed
my mind, suppose every other
school district in the South
would do the same thing. say
I'VE will carry on segregation
| for number Of years until the
law is clarified" How would II
ever be clarified?
Mr.. Butler-Well, your honor
I think the only answer to
that is that many districts
do not have that problem. Even
in some parts of the South, in
our State University, Negro
students have been there for
some years, and there has beer
no great problem about it. There
are other districts where the
problems are greater. -.
This school board in Little
Rock, Ar. was not faced with
theories. 1t was faced with &C.
Qualities which are undermining
and which are going to destroy
the public school system in Lit
tie Rock, and that when it Il
destroyed. it will be destroyed
not just for white students. Il
will be destroyed all the way
up and down the line unless
they are given an opportunity
to work this thing out in a eli.
mate of calm. rather than in q
climate of hysteria.
/ Now we urgently feel that
way and the school board feel:
that way about it. -.
The Chief JuStice-Well, Mr.
Butler, I think there is NJ
member Of this court who fails
to recognize the very great
problem which your schoo
board has. But cen We defer
a program Of this kind merely
because there are those ele.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29

Justice Frankfurter asked curt
lly:
why aren't two decisions OF
this court enough?" He waSre-
ferring to rulings that schools
be desegregated and that the
States move with "all DELHI
crate speed"
The Justice recalled that the
early Little Rock plan for de-
segregation had been approved
by Federal courts. He asked
who are better able to decide
what the policy is than Local
United States judges"
Chief Justice Warren picked
up Mr.. Buffers comment that
delay should be granted be-
cause of alleged confusion over
the law, Suppose every school
board in the South adopted
that view. the Chief Justice
asked: do you think they
could carry on segregation fol
a number of years until the
laws are clarified? How woulc
they ever be clarified"
AT one point. Mr.. Butler de-
clared that there are certain
State laws, such as pupil as
signment laws, that have moi
yet been tested in the courts.
80 as long as there is a con.
flict between State and Fedora
flaws, you feel there should bC
no integration?" the Chief Jus.
tice asked. Mr.. Butler replied
that was not his position.
| On another occasion, Mr.
Butler declared there would b
troops back in Little Rock
unless desegregation were de.
layed.
why did you say that?" Jus,
tice Whitaker demanded. Mr.
Butler admitted the Statement
was merely the personal opinion
of the school board.
At another point, Mr.. Butte
brought up President Essen
mowers news conference state
Iment Wednesday on a slowe
pace in indignation. That i
exactly the position the Littl
Rock school board is taking,
he told the court.
Speaks for Rights Of All
Mr.. Rankin made a soft
voiced but eloquent plea tina
all in the Nation should be ded
icated for the preservation o
the constitutional rights com
mon TO all.
He told the court that 9TH
people of this country are en-
titled to a definitive statemen
from this court" as to whethe
force and violence" can caus
a back tracking.
Declaring that I'VE are at tn
crossroads" the Solicitor Gen
eral asserted: There must be
rule of law. We will not aban
don for a moment the heritag
built up by the efforts of ma.
over the centuries"
He asserted: There can't b
, any more talk about what tn
, law is. We've paid too great
price to come along this far o
the road to rule of law to Civ
up to-in this case-only 2
persons in the school who use
; force and violence to scare on
, a court order"
The Government had bee
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29
Copters Install Poles

SANTA BARBARA, Calf
Helicopters are dropping utility
poles in predug holes, an aid to
power-line builders in rough or
heavily forested country.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29

that that was a matter for the
courts and I abided by the de-
cision Of the courts. whether
they were the courts of my
State or in the proper juris-
diction the Federal courts.
Mr.. ButIer-We all realize
that. The point I am making
lis this: That if the Governor
of any State says that a United
States Supreme Court decision
lis not the law OF, the land, the
people of that State, until it is
really resolved. have a doubt in
their mind and a right to have
a doubt.
The Chief Justice-But I
have never heard such an argu-
ment made in a court of JUS
tice before, and I have tried
many a case through many q
year. I never heard a lawyer
say that the statement of a
Governor as to what was legal
or illegal should control the
action of any court.
Mr.. Butler-I am not advo-
eating that. Mr.. Chief Justice
and trust that these words
will be weighed carefully. What
I am saying is that the mass Of
people in a State, wanting tc
believe a certain thing, if they
are told by their chief execu.
tive that such and such is the
law or is not the law, then il
he is a popular and respected
public official, they are inclined
the believe him and what they
want to hear.
The Chief Justice-The short
ANSWER to that is if they wan
to believe it they'll believe it
mo matter who says 1t.
Mr.. Butlef-Well, neverthe'
less. that is a fact and not &
theory in Little Rock.
The Chief Justice-I have M
doubt Of that.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29
Statement Stirs Frankfurter

there must be a recognition
that it has got to be. Then
there must be some kind Of a
start, and I believe in due re-
gard, in careful consideration
of the manifold difficult prob
lens that the South has in this
whole area, that there isn't a
place in the country, if they
have the will, cannot make
some kind of a start, even if it
is the smallest kind. towards
solving this problem. granting
these rights and working them
out i. and above all, no court
Of law in this land, State or
Federal. can recognize that you
can ever bow to force and
violence in setting aside. vacat-
ing or modifying a decree of a
court. The moment you do
that. you give up law and order.
This country cannot afford any
such price.
I am confident that, as the
years go by, the people of the
South, as people, will realize
that they have a stake in each
American citizen being a full
citizen with full and complete
rights like every other, and
they will be anxious to support
and fight for that at every OPP
portunity.
1t seems to me that we are
now at the crossroads in this
important question.
REBUTTAL EVIDENCE ON
BEHALF OF RESPONDENTS
BY Mr.. Butler-Some people
have made the charges i.
that the school board hasn't
done everything that it should.
Now, the fact is. the realities
of the situation are that
HAACP. which has rather vast
resources and certainly able
legal counsel. had a perfect
right to- come in and ask for
injunctive relief and it did not
do so. The Justice Department
had every right to put forth
any criminal actions that were
In order. and it did not do so,
and now we have the Presi-
dent Of the United States say
ing that the process should go
slower, if we are to read the
newspapers accurately and if
the newspapers reported it &C
lcurately.
/ Now. that is exactly the pos
Isition that the Little Rock
School Board is taking
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29
HIGH Court Review Set
Sept. II on Little Rock

Continued From First Page
was occastoned by legal tech
nicalities.
Before the court was a petit
ton by counsel for the Negro
children whose court ordered
admission to Central High
School brought forth rioting.
The petition asked that a stay
order of the Eighth Circuit
Court be set aside. In addi-
ton, the petition asked that
the High Court void. at least
temporarily, Judge Lemley's
ruling postponing desegrega-
ton.
Lemley's Ruling Reversed
Judge Lemley had been re-
versed by the Eighth Circuit
Court in a Judgment earlier
this month. But a court ruling
does not become effective until
q mandate or order is issued.
The Circuit Court. upon appli-
cation Of the Little Rock School
Board, stayed issuance of the
mandate to give the board time
to appeal to the Supreme Court
and get a final ruling. The
board was given 80 days to ask
the High Court to review and
overrule the circuit courts de-
cision.
But the board has not vel
filed its application for Supreme
Court review. Therefore, the
merits of the Circuit Court rul.
ing technically was not before
the High Court yesterday.
Must Study Merits
The Supreme Court appar'
emily felt that in order to de-
eide the question of whether
the Circuit Court stay should
be voided it would have to &c
into the merits of the Eighth
Circuit ruling.
And also it decided that thu
school board should ask review
of the Circuit Court ruling BY
September 8; that counsel fol
the Negro group and for the
board file their briefs on the
merits of the Circuit Court rul.
ing by September 10 and thai
oral arguments on the question
be heard the next day. Solici.
= tor General Rankin, who urgec
in behalf of the Government
yesterday that desegregatior
of Central High be resumed
! promptly, also was invited tx
participate in the new argu,
ments.
There was no comment from
: Gov. Faubus on the court
Il action. Mr.. Butler said he wa.
(. pleased that the court had no
granted the NAACP's motion tt
set aside the stay, but other
wise had no comment. Supt
Virgil Blossom said only, This
is the time to let the lawyer!
do the talking"
Two Justices Disagree
At yesterdays session, Chic
Justice Warren and Justic,
, Frankfurter indicated clearl,
S they disagreed with main con
tentions of Mr.. Butler.
Mr.. Buffers main point
were. in essence:
/. The Arkansas public a
. well as officials are uncertain
as to just what is the nationa
/. policy on desegregation.
2. That a delay in deSegrega
ton is necessary because O
strong community opposition
: and that a cooling-off perioC
would lead to unemotiona
consideration Of steps to b
taken.
Statement Stirs Frankfurter
= When Mr.. Butler declares
that Little Rock people werl
confused as to national polio!
on indignation in various areas
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29
REBUTTAL ARGUMENT ON
BEHALF OF PETITIONERS
BY MR.. MARSHALL

1t seems to me that whether
or not this court goes into the
merits, certainly these Negro
kids and the others that are
involved in the class action are
entitled to the most affirmative
relief possible out of this court
before school opens.
ARGUMENT ON BEHALF OF
THE UNITED STATES
BY Mr.. Rankin-This country
cannot exist without a recog-
milton Of the Supreme Court
of the United States when il
speaks on q legal matter is the
law. But there must be a start
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29
Supreme Court Order
Setting New Hearing

Following is the order issued BY the Supreme Court late
yesterday after arguments the Little Rock ineoratton
case:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-29
MITIGATION TEXT
BY the Associated Pres,

Here partial teri OF the proceedings at yesterdays
extraordinary Supreme proceedings the question
delaying racial negrdtion in Little Rocks Central High School,
Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-03

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Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-03
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Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-03
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Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-06-15
Failure of France in Alliance
Might Open Door for Germany

de Gaulle. The Premier's Minister
of Information, Andre Malraux,
announced on Wednesday that
France was about to offer a pro-
posal tor complete and control
led disarmament" In the dls-
closure, Mr.. Malraux was careful
to state that "the French govern
ment does not believe that the
mere stoppage of nuclear tests
is a sufficient condition for dis
armament"
Thus the world is put on notice
that:
AZ France will indeed honor
her international commitments.
as Gen. de Gaulle has pledged,
but
(2) Will nevertheless go ahead
with her own nuclear testing, on
the grounds that real disarma-
ment involves much more than
suspension of testing.
An Undercurrent OF Concern
Despite reassuring statements
from American and British OFF,
Gals that the return of Gen. DE
Gaulle does not threaten the
unity of the Big Three allience
keystone of the North Atlantic
Treaty Organization. there is
deep undercurrent of real concern
with the trends of the future. Mr..
Macmillan's visit to Washington,
billed at first as casual" was
much more than that.
The decision Of Secretary OF
State Dulles to fly to Paris July 5
for personal talks with Gen. de
Gaulle was one result Of the Mac
milan visit. But a much more
significant development, still taxi
ing shape but nonetheless newt
able. is the softening Of the United
States attitude toward the reuni-
fication of Germany.
Where heretofore the policy OF
the United States under Mr.
Dulles has been to assume an
adamant insistence that Germany
be reunited by free elections In
both East and West. there Is
already a clear indication that
something less than that would
be acceptable. The reason, tc
many observers, is plain enough
Germany. reunited or not, mus
quickly be substituted for Francs
as the third leg of the Atlantis
alliance.