Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-19
Appeals Court Upsets
Little Rock School Stoy

Continued From First Page
IN good faith and that Judge
Lemley's decision suspending
indignation had been based ION
realities and conditions, rather
than theories"
Judge Matthes emphasized
the Importance Of the decision
on indignation Of Southern
schools. Allowing Judge Lem
'ley's order to stand. he said.
would mean an open invitation
for other school districts to
resort to- violence.
Others Join in Opinion
Judges Mathes, SO and the
youngest member Of the court,
was joined in the majority
opinion by Judges Joseph w
Woodrough of Omaha. John D.
Sanborn Of st. Paul. Harvey M.
johnson of Hastings, Nebr.,
Charles J. Vogel of Fargo, N.
OAK. and Martin d. Van COST
erhout Of Orange City, Iowa.
Judge Gardner stressed the
Importance of the case by
calling together all seven judges
to hear it. Generally only three
hear an appeal. This was the
second time in 80 years that the
full court had been convened.
Judge Matthes in the major
fly opinion said it was not up
to the appeals court to tell the
Little Rock School Board how
to carry out integration, but he
did note:
That at no time did the
board seek injunetive relief
against those who opposed by
unlawful acts the lawful in
tegration plan. which action
apparently proved successful in
the Clinton. Tenn, and Hoxie,
Ark, situation"
Judge Matthes held that
trouble at the school might
have been stopped had leaders
of white troublemakers been
dealt with more severely.
Warns Of Possibilities
"An impossible situation
could well develop if the Dis
trict Court order was affirmed, :"
Judge Matthes said, adding that
every school district would have
just cause to ask for delay and
suspension Of indignation pro-
grams.
Judge Matthes said there was
no legal precedent as to |!
whether an indignation plan
might be lawfully suspended
because of popular opposition,
but he wrote there is sound
and convincing authority" that
a school board must proceed
with deliberate speed to abolish
segregation"
The majority opinion said:
I'VE are also not unmindful
of the difficulties which were
faced by the board members
and school administrators in
attempting to give life to the
plan of indignation. AS We have
seen, they have been constantly !
harassed: they have met with
overt opposition from the pub
lie. and the Legislature.
\ The executive department
of the State of Arkansas has
openly opposed their efforts, as
demonstrated by the statement
by the Governor Of the official
policy of the State of Arkansas
against indignation, followed by
the use of National Guardsmen
to prevent entry of Negro
students"
Praises School Board
Judge Matthes wrote that al
though it might seem to the
school board members that
their task was a thankless one
they could be rewarded by the
knowledge they supported the
Constitution and democratic
ideals.
Popular opposition to integra-
ton in Little Rock was the
source of the trouble. the ma
jority opinion said, adding that
Indignation runs counter to the
pattern of Southern life which
has existed over 800 years"
From the record" Judge
Matthes wrote, lit appears that
none Of the Negro students was
responsible for the incidents on
the school property. and the
one Negro expulsion Mimi
jean Brown seems to have re-
suited after the Negro student
was physically struck in the
face. following which it was
found that the student had
failed to adjust in violation of
an agreement with the school
board not to become embroiled
in incidents,
Judge Gardner, at 80 the old
est active Federal judge in the
Nation, wrote the minority
opinion in the form of a sheet
memorandum.
Cites Way Of Life
He said that the Appeals
Court should not substitute its
judgment for Judge Lemley's
trial court.
81 do not think it can be said