Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-12
MARSHALS

MARSHALS
Continued From First Page
matter its careful consideration
at the earliest practicable
moment"
Central High is scheduled to
open its fan term Monday.
Judge Is Assigned
The exchange of letters with
Mr.. Upton served to disclose
that, because Little Rock is
currently without sitting Fed
eral District Court judge, Chief
Judge Archibald, K, Gardner
of the Eighth Circuit Court of
Appeals has assigned Judge
John E. Miller of Fort Smith,
In Arkansas western court
district, to handle any new
litigation that may arise at
Little Rock, in the eastern
district.
Mr.. Rogers said this assign
ment had been made at the
request of Osro Cobb, United
States attorney at Little Rock.
Mr.. Upton wrote Mr.. Rogers
that he could not speak for his
five school board associates,
but asserted that the boards
thinking during the last school
year was that criminal prose-
cut1ons Of the mob that en-
gagged in violence in front of
Central before Federal troops
were stationed there would
have been more helpful in solv-
ing the boards problems than
injunctive relief" Under an in
junction, those who violated it
could be prosecuted for con-
tempt of court.
Mr.. Rogers had asserted that
Injunction action had been eff
fective at Hoxie, Ark, and Clin-
ton. Tenn. However, Mr.. Upton
said, Little Rock is a consider.
ably larger community thao
either of these places, adding:
1T occurred to us that an
Injunction order directed to
specific individuals would not
necessarily have been effective.
There were so many people In
this community actively OPP
posed to integration that had
we obtained orders Of injunc-
ton against the known leaders,
others would have taken their
places. 1t seems to us we could
have very well been involved in
an almost endless effort to OBJ
tain injunctions. Moreover, for
a great portion of the time
there was no Federal judge
available and such, by the way,
is the situation at the present
time.
Nevertheless, our board
shares with you the interest
and desire to arrive at a
peaceable solution Of the prob
lens facing us. We will at ell
times be available for consul
tation with you and other Of
11cers of the Department Of
Justice"
Appreciate Readiness"
Mr.. Rogers wired his thanks
for the letter, saying:
I'VE appreciate your readi-
ness to support a mutual eff
fort to arrive at solutions of
the problems facing us in the
hope that violence and dis
order may be prevented. We
believe consultation viii prove
helpful both as to possible
court action and other meas
ures designed to prevent dis
order
I'VE particularly welcome
the earnest cooperation which
you manifested in your letter
Our sole purpose is to CO.
operate in planning with you,
in the highest interest of our
Nation, to prevent a recur-
renee Of violence and disorder. I"
The department was still
waiting for a response to Mr..
Rogers letter of Sunday to
Little Rock City Manager Dean
Dauley advising him that an
expanded United States mar
shal's Office would be available
to work with the Little Rock
police in preventing any vio-
lence.
The announcement on the ar
irving marshals re-emphasized
the Attorney Generals state
ments to Mr.. Dauley that they
were not intended to substitute
for local authority but were ito
perform their proper functions
to assist in the execution of the
orders of the United States
courts and to do it co-opera-
lively in a way which will be
helpful to you"
The Little Rock Federal Court
vacancy results from the fact
that Judge Harry J. Lemley re-
tired September 5 after issuing
his order poStponing further
indignation efforts at Central
High School for 21a years.
The Arkansas Democrat re-
ported yesterday the local gov
eminent planned to leave the
enforcement job to Federal
marshals.