Evening star., 1960-09-02

AAAAAASs
The court yesterday rejec
Tex, largest segregated sch
New Orleans, where State and
Federal officials have been at
odds for weeks, and in the
State Of Delaware.
The action led DR.. Henry A
Petersen, president Of the
Houston School Board, to say
he hoped Gov. Price Daniel
would forestall integration OF
the first grades on September Z
The Houston School Board,
in asking o delay, contended
the lower courts plan did not
give adequate time for solving
vafious problems Of intesrating
the first grade.
S6 Million Loss Feared
And, the school board said,
1t stands to lose Sc million a
year in school funds under a
State law forbidding integra-
ton unless voters approve it.
Federal District Judge Ben
C. -Connally issued the Houston
order. The school district had
asked the court to hold Up its
effectiveness pending the out
come Of an appeal to the United
States Fifth Circuit Court Of
Appeals in New Orleans.
The first grade rat New
Orleans was ordered integrated
September 8 by Federal Dis
triet Judge j. Skelly Wright.
However, he granted a delay
until November IA when the
board contended it could rot
implement the ruling at the
start Of the school year after
Gov. Jimmie Davis seized con-
troll of the school system Au-
gust II.
The State sought to delay
integration indefinitely and had
called Judge Wright's order
Impossible" to carry out.
A three-judge court returned
control Of the New Orleans
school to the school board Sat-
urdAy. But the Governor asked
the. high tribunal to stay the
order.
=. NAACP Plea Denied
Gov. Davis declined comment
on the Supreme Courts refusal
to- DO this. But 4 statement
issued through his press secre-
tary declared:
Nothing has happened which
has changed the determination
Of the public officials of the
State of Louisiana to continue
our system of public education
on 4 basis Of separate but equal
facilities for both races"
The Supreme Court denied a
plea by attorneys for the Ma
tional Association for the Ad-
vancement of Colored People
that integration begin in New
Orleans at the start Of the
school year September 8 instead
Of. November IA.
In asking a stay of the ruling
in..'the New orleans case, Stat'
Attorney General Jack Gre
million, on Gov. Davis behalf
contended the Governors seiz.
ur6. Of the New Orleans schoo
system in an effort to avoic
inteeration was mandatory
urider State law.
Furthermore, he argued, il
Was impossible to put into ef'
feet the integration plan sci
forth in the lower courts order
Held Unconstitutional
The three Judge court helc
that State laws under which
the Governor acted we're un'
constitutional, including ont
authorizing the closing u
schools in the event Of desegre'
eatlon.
The court also rejected a plei
to- delay the effectiveness Of
July 19 ruling of the Third Cir
cult Court Of Appeals in Phila
delphia that Delaware's grade
A.year plan was too slow. TIL
appellate court Monday or
dered a modified plan be pre-
pared for full integration o
all grades by the fall Of 1861
All nine Of the courts jus
tices participated in the &C
tions, which were taken behint
the closed doors Of its confer
ence room.
Justice Douglas is in tn
West on vacation, but the cour
announced that he participate
By telephone.
while the court was acting il
Washington, a NAACP re
sional director. Mrs. Rub
Hurley Of Atlanta, told 4 Jack
sonville Fla0 news conferenc
that five Negro gangs witt
1000 to 5000 members wer
behind most Of the vandalism