Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-09-05
Front RoyoI Negroes
Win High School Writ
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NAhiIIsSii
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without waving their rights or
prejudicing the case.
All 80 colored applicants have
been reassigned to Negro
schools by the State Placement
Board, and the school board
tentatively has taken the same
action. One of the issues in the
case is whether assignments
should be made by the State
Placement Board or the school
board.
THE court wants to say, as
far as the court is concerned,
schools may be opened and pu-
pills may attend the schools
where they have been assigned"
said Judge Bryan. II mention
that because don't want any
one to be prejudiced by the time
required to reach a decision. "
He said he did not feel he
should rule until the Supreme
Court decides the Little Rock
case, and added that it would
take at least that long to as
simulate all the evidence before
him.
The Supreme Court is due
to hear arguments next Thurs
day in the Little Rock case. The
basic question is whether Little
Rock should be granted 2h2-
year Indignation delay.
Judge Harry j, LemleyI
ordered the 212-year delay, and
was overruled by the Eighth
Circuit Court of Appeals. But
the appellate court granted a.
stay pending action by the SUI
preme Court, which meant that
Central High in Little Rock
could have opened on a segre-
gated basis September 2 when
classes were due to begin. The
opening of Central High, how
ever, has been moved back to
September IS.
Brings Out Views
Possible effects of the Little
Rock case on the Arlington
situation were discussed at
length yesterday by Judge
Bryan as he pressed attorneys
to give their views on that issue.
Attorney Frank Reeves, coun-
sci for some of the Negro stu
dents, told Judge Bryan the
appellate courts ruling feaf-
firms that there is no consid-
Grafton on the basis of hostility, |
opposition or unpopularity
which justifies continued denial
of the right of a Negro plaintiff !
to attend a school he would be
otherwise entitled to go to-"
Judge Bryan said the ques-
ton he had in mind was one |
of timing, and Interpretation |
OF deliberate speed which was
the phrase the Supreme Court |
used in specifying how rapidly |
desegregation should proceed.
He added:
"The decision of the Eighth |
Circuit reversing the District |
Court held that unpopularity |
Of decree or plan was not a
ground valid in law or accept
able by the court for Withdraw
ing or easing enforcement Of it. |
Timing Recalled
Judge Lemley's decision, as
! read it, went little further
than that. The basic and un-
DERIVING consideration was that
the timing of the desegrega-
ton was present, and he re-
lated his action to the phrase,
well known now, all deliberate |
speed
HE said that in suspending |
operation (of the deSegregation |
order) he was acting in that
tolerance granted by the Su-
preme Court.
"Of course, the principal !
ground he gave was unpopular
ity and hostility.
When the Eighth Circuit re-
versed. it dealt almost entirely |
with the Suficiency of unpopu-
larity and hostility.
Nevertheless, tn at court |
granted a stay--it was unani-
nous, by all of the appellate
judges, and it was granted with |
full knowledge it would suspend |
desegregation for the coming |
session"
The Supreme Court, after
hearing arguments, has deferred
action and asked for further
arguments. observed Judge
Bryan.
That's why it seems to me
there is a reasonable inference
or implication from the action
of the Eighth Circuit in sus-
pending and in the DELHI
crate consideration the Supreme
Court is now giving it, that
more is to be considered than
the matter of resistance. and
that the underlying or funda-
mental question of the timing
of the decree in Arkansas may
well come under consideration"
he added.
isn't that a fair implica-
tion," Judge Bryan asked Mr..
Reeves.
The attorney said he did not
agree, and pointed to language
in the Eighth Circuit ruling
which stated that "the precise
question at issue is whether a
plan of indignation may be law
fully suspended because of OPP
position thereto"
The fact that the Eighth Cir
cult agreed to stay its decision,
said Judge Bryan, seems to i'm
Is ~ 500 |