Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-29


the American people for q
vote. Realism dictates that
the American way is not the
NAACP way, and so long as
Congress and the courts bow
to minority pressure by agi-
tators, the American people
will never have a chance to
vote for or against integra-
ton.
Franklin T. Miles.
Never have / seen the soph-
iStrieS of the Flaw of the
land" school of thought more
thoroughly torpedoed than
they are in your editors note
to Sidney Koretz's letter Of
September rs.
Critics of the Flaw of the
land" philosophy often cite
the prohibition amendment
as the classic example of a
law that was generally dis
regarded by many of the best
people. A better analogy,
under present circumstances,
can be made of the various
fugitive slave laws. These
laws were thunderouSly de-
nounced from the great ma
jority of the pulpits in Yam
keeland. and the theological
ancestors of the present-day
ecclesiastical integrationistS
declared that the gates Of
hell were yawning for anyone
who did not resist their ap-
plication. even with violence
If necessary. The legislatures
Of some Northern States made
obedience to the fugitive
slave laws a crime against
the laws Of the State. Yet
the fugitive slave laws were,
flaws of the land" When the
Supreme Court of the period
declared the laws to be per-
fectly constitutional" a per-
feet anvil chorus of ecclesi-
astical integrationists joined
William Lloyd Garrison in
asserting that the United
States Constitution was a
covenant with hell"
If Mr.. Koretz is to be
pinned down by his own
argument, one must conclude
that if he were suddenly trans
ported backward in time to
the year 1858, he would feel
himself bound to assist, on
demand, any United States
marshal who happened to be
engaged in recapturing a run
away Negro slave.
Edmund A. Gibson.
On September II, The Star
splayed an eight column
headline across its front page:
a Negroes Win Arlington
Test" and on September 10
it editorially lauded Federal
Judge Albert v. Bryan for his
Design for Decision"
Judge Bryan found that as
to a chosen four of the 80
Negro applicants the State
Pupil Placement Board erred
in refusing their applications
for transfer and ordered the
board to approve their ad-
mittance to Stratford Junior
High School. 1t is conceded
that "the Arlington School
Board did establish criteria
for assignment and sought
to apply them in good faith"
One of the elements of Judge
Bryan's design is quoted "(3)
when a conclusion is so
reached in good faith, with
out influence of race, though
1t be erroneous, the assign
ment is no longer a concern
Of the United States courts"
He is so right but, unfortu-
nately, as to the four chosen
Negroes. he forgot all about
his design" when he over
ruled the decision of the
school board. The editorial
writer obviously erred when
he said: THAT was the design
followed by Judge Bryan. !"
The real fact is that this
question Of pupil placement
"is no longer a concern of the
United States courts" and,
having admitted this after it
was determined that the
school board acted in good
faith and without influence
Of race. Judge Bryan should
have dismissed the case for
lack of Jurisdiction even
though the school board may
have been partially in error.
Judge Bryan had no more
authority to overrule the
board than the Warren Su-
preme Court had to enact
its Flaw of the land" and
order the district court
judges to devise ways to en-
force racial indignation in
the public schools with all
deliberate speed"
Old ReactiOnary.