Evening star. [volume] (Washington, D.C.) 1854-1972, 1962-10-13
Bornett Denies He Pledged
Full Compliance to Court \

NEW ORLEANS, Oct. 49,
(AP) Final action in con-
tempt proceedings against Mis-
sissippi Gov. Ross Barnett in
the University of Mississippi
desegregation case has been de-
layed until next week by the
United States Appeals Court
here. Gov. Barnett faces pos
sible arrest and a. $4,000 daily
fine.
An attorney for Gov. Barnett
startled the 5th United States
Court of Appeals yesterday
when he said he had not been
authorized to say 10 days ago
that Gov. Barnett would
comply absolutely with all
orders of the court.
Attorney Charles Clark said
Gov. Barnett would comply
insofar as he is physically
able" He said Gov. Barnett
would decide himself when he
could comply with the orders.
Mr.. Clark commended the
court had misinterpreted his
language.
Judge Richard T. Rives of
Montgomery, Ala, who was
present at the previous hear
ing, commented:
I'VE have indeed entered
Alice in Wonderland" where
language doesn't mean what it
says"
The court delayed action in
the contempt case pending a
decision on legal questions
raised by the Justice Depart
request for an injunction
to prevent Mississippi officials
from interfering with Negro
James H. Meredith's position
as an Ole Miss student.
1t ordered written briefs be
by Monday.
A porary restraining
order, now in effect against the
State officials, is the basis for
the contempt action against
Gov. Barnett and 1t. Gov. Paul
Johnson, jr.
Students Get Warning
While the court was deliber-
ating, Mr.. Meredith left the
oxford campus by Border Patrol
plane for the week end. Pre-
sumably, he was headed for
Memphis, Tenn. where he went
last week end to see his wife.
The campus remained quiet.
In order to forestall more
violence, however. Dean of Stu
dents L. L. Love ordered an
immediate end to all demon
strations aimed at the 29-year-
old Negro. He warned violations
would bring immediate and
drastic disciplinary action"
At lunchtime, three uniden-
titled faculty members drank
coffee and chatted with Mr.,
Meredith in the university
cafeteria.
In st. Louis, Dean Robert j,
Farley of the Ole Miss Law
School advocated expulsion OF
all students who continue to
taunt Mr.. Meredith.
The New Orleans court hear
ing was the second at which
Gov. Barnett and Mr.. johnson
were to show they had purgec
themselves of contempt. They
were convicted for their role
in barring Mr.. Meredith from
the university. The court hao
said affirmative acts were nee
essary to show they had purged
themselves.
The Justice Department
asked the court to impose part
or all of the $4,000 daily fine
on grounds that Gov. Barnett
had only partially purged
himself of contempt"
However, United States AS
sistant Attorney General Burke
Marshall recommended against
arrest of Gov. Barnett for the
present.
This brought disagreement
from Mr.. Meredith's attorney,
Mrs. Constance Baker Motley
of New York. She said Gov.
Barnett had failed to purge
himself and that the court
should put both fine and i'm
.prisonment into effect at once.
Mr.. Clark and Mississippi
Attorney General Joe Patterson
commended Gov. Barnett and
Mr.. johnson were complying
with orders now because Mr..
Meredith is attending the uni
versity. Chief Judge Ebert
Tuttle of Atlanta commented
that Mr.. Meredith was barely"
a student there.
Judges Demur
Mr.. Clark said he was I'M
able to promise that Gov. Bar
nett would comply with the
orders on all future dates. Mr..
Marshall pointed out that the
critical time would come when
Federal troops leave oxford.
He gave no date when this
would occur.
Several of the seven judges
who sat indicated they were
annoyed with the apparent re-
versal.
Judge Tuttle called several