Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-25

set forth his opinion, there had
been a question as to whether
one member Of the court could
cancel out q lower courts order
delaying application Of its own
ruling. There was no legal prec-
edent for such action.
Justice Whitaker. while stat
ing his view of the law, did not
predict what action he might
take, If any. on his own.
A Justice Department spokes-
man said 1t was presumed the
department would accept the
courts invitation to participate
in the hearings. While At
torney General Rogers and
Solicitor General Rankin are
attending the bar association
convention, Deputy Attorney
General Walsh is acting At
torney General.
White House Press Secretary
Hagerty referred reporters TO
the Justice Department when
they asked whether the Solicit
tor General would be instructed
to accept the courts invitation
to participate in the case.
Inviting the Justice Depart
ment to take part in the argu-
ments could put the admins
tration squarely on record on
the segregation issue and the
legal entanglements surround
ing it - something on which
President Eisenhower has taken
no definite stand.
Mr. Eisenhower has called
on all Americans to comply
with Federal court orders, and
has urged State governments
to suppress unlawful forces. .
But he has declined to say
whether he personally believes
the Supreme Court decision
outlawing separation of Negroes
and whites in schools was wise.
Pledges Force Again
Last week, however, the Pres
ident said he again would Use
Federal force. if necessary, to
enforce the orders of a court.
Just a year ago he called on
Federal troops to enforce the
court order for Indignation at
Central High School when vio-
lence threatened to prevent the
attendance Of nine Negro stu
dents.
The Justice Department had
evoled plans to use deputy
United States marshals to
main order at the high school
if it is integrated this year.
| Also planned are injunctiye
proceedings under which per-
sons violating a court order
banning interference with inte-
grafton could be tried for civil
contempt-a charge triable by
a Judge without a jury.
The Justice Department
weeks ago, had prepared a brief
for possible submission to the
Eighth Circuit Court when the
latter was scheduled to hear
arguments against Judge Lem
ley's order. But the court did
not invite Justice Department
intervention and the brief never
was filed. Presumably much Of
1 the material in that brief will
be used by the Department be-
1 fore the Supreme Court.
Mr.. Rankin argued the orig
inal desegregation case for the
Government several years ago
| He took the position that en-
forced segregation in public
schools was unconstitutional.
These arguments led to the
historic decision of May II,
1854, holding segregation to be
unconstitutional.
Led to "a Decision
At that time, Mr.. Rankin
was head Of the Justice De-
partment's Office of legal
counsel.
The court has three new
members since it first ruled
on the school segration issue
Justice jackson died ano
Justices Reed and Minton have
retired since the high tribunals
ruling that compulsory schoo
segregation was unconstitu.
tional.
On the present court. Justice
Harlan succeeded Mr.. Jackson
Justice Brennan succeeded Mr.
Minton and Justice Whitaker
succeeded Mr.. Reed.
The high tribunal on MAJ
81. 1855, called for school int.
, grafton with "all deliberate
! speed" Since that time it hal
not accepted any case involv.
! ing timing and method.
The converting Of q specia
term is unusual but not unique
J Four similar actions have beer
taken since 1920, a cour
, spokesman said. The most re,
} cent was in the case of atom,
, bomb spies Julius and Ethe
. Rosenberg. A special term wa.
! called after Justice Douglas haC
stayed the execution of thu
spies. The full court upse
: Justice Douglas action.