Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-28


tional time to comply with its
desegregation decree.
Cites Factors
The brief said these factors
include problems relating to
school administration arising
from the physical condition of
the school plant, the school
transportation system, per-
sonnet, revision of school dis
tricts and revision Of local
laws which might be consid-
cred necessary.
THE factor of community
hostility or opposition to deseg-
regation was not included in
the list" the brief noted.
I'm short, the court made 1t
clear that mere popular hos
tility can afford no legal
justification for depriving Me-
gro children Of their constitu-
tional right. The court was
explicit in its insistence that
there be 'good-faith compli-
ance at the earliest practicable
date"
The Government argued that
the order by Federal Judge
Lemley granting the 21a-year
stay rested upon two basic
misconceptions"
1855 Decision Recalled
The brief said the Supreme
Court in its May, 1855, deci-
sion calling for the end of
school desegregation with all
deliberate speed" specified that
constitutional rights OF some
citizens may not be suspended
or ignored because of antag-
onistic acts of others.
IF constitutional rights
could be so easily negated they
would amount to little" the
brief said.
Here, it should be noted,
there is not the slightest sug-
gestion that the colored chill
dren Chose who entered Cen
trail High SCHOOL, did anything
to incite violence or disorderly
conduct. Because they were
Icolored, their mere presence in
the school led others to engage
in conduct which the district
court thought to be sufficient
justification for suspending the
children's constitutional rights
rights which can be enforced
only while they are of school
age, so that any suspension
of their rights is actually a
permanent and irretrievable
deprivation"
Local Responsibility
The Justice Department en-
Iphasized the responsibility of
the local community in taking
all necessary measures to carry
out the mandates of the court.
1t said the records indicate
that the Little Rock board had
failed to show that it had
sought assistance from the duly
constituted authorities of the
State, and added:
THUS, there is no evidence
in the record to indicate that
determined local authorities
cannot handle, If necessary, any
future disturbance occurring in
Or around Central High School. "
Observers believe the high
court will rule promptly in the
current case. When the court,
last June, directed that the
Eighth Circuit first hear the
issues, it made clear that 1t
wanted the case decided before
the fall term of school.
Yesterday, Senator Fulbright
of Arkansas filed papers ask
ing that he be allowed to sub
NIT a brief as friend of the
court" The Senator's brief
emphasized the idea that public
education is the primary func-
ton Of a school board and that
this cannot be carried out un-
less a cooling-off period is al
lowed in Little Rock.
Deeply Troubled
In asking the courts permits
sion to appear in the case, Sem
ator Fulbright, an attorney and
former president of the Univer-
sity of Arkansas, said he "is
deeply troubled for the future
peace and happiness of the
people Of Arkansas and of this
Nation, of all races and creeds. .
He emphasized that the STU
preme Court had held that the
Federal judge Gin proximity
to local conditions should rule
on the indignation steps. Judge
Lemley, the Senator pointed
out, was in such a position and
found that the Little Rock
School Board had acted in good
faith in attempting to comply
with the Supreme Court man
date.
The district Judge, Senator
Fulbright added, had found
conditions so chaotic that a de-
lay should be granted.