Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-09-06
BY PAUL HOPE
star staff Writer

g. Birmingham's school de-
segregation crisis shifted to
the courts today.
. Negro attorneys are asking
TOR Federal court orders to
reopen three closed schools
here and to prevent Gov. Wal
Ace from interfering in inte-
grafton Of the schools.
Gov. Wallace left only q
shuall contingent Of State
troopers here to make sure no
integration takes place in
Birmingham while he shifted
his main attention north to
Huntsville and south to Mobile.
:. Birmingham remained calm,
but apprehensive.
= Hearing Set Today
"A hearing on motions by the
Negro attorneys was scheduled
today before Federal District
Judge Seymour Lynne.
= The motions were filed yes
terday by Mrs. Constance Baker
Motley of the NAACP Legal De-
tense Fund. The attorneys
stated in their pleading that
Gov. Wallace lis interfering
with" a Federal court order to
intesrate the schools. They
asked that he be restrained
from interfering further.
Another motion asks that the
Birmingham school board be
ordered to reopen the three
schools.
The board closed the schools
ct the urging of Gov. Wallace
after Wednesday nights bomb
ing Of q Negro attorneys home
and the ensuing riot during
which q Negro was shot to
death. The board said the ac-
ton was taken because of the
violence and the possibility of
further disorder.
There appeared to be con-
siderable opposition in Birming-
ham to closing the schools.
and Board President Robert C.
Arthur emphasized the closing
was only temporary. He said
he hoped the schools would be
reopened Monday.
The decision to close the
Birmingham schools was made
in a poll by telephone shortly
before 1 am. yesterday after
q State policeman came to
School Supt. Theo Wright's
house and asked him to talk to
Gov. Wallace. The superin-
tendent had not answered re-
peated phone calls.
The board met formally later
to reaffirm the telephone
agreement. Several persons
appeared at the meeting to pro-
test school closing.
Yesterday the Executive Com
mittee Of the Greater Birming-
ham Ministers Association
called on the board to open all
schools Immediately and keep
them open.
No Retaliation Seen
Wednesday nights violence
has increased racial tension in
the city but there was no in
dication there would be re-
taliAtory tactics by Negroes
because Of the bombing and
shooting. There were few
reports last night Of Negroes
throwing rocks. at passing mo-
florists.
City police are still investi-
eating the fatal shooting of
John L. Coley, 20. during the
rioting after the bombing of
Negro Attorney Arthur Shores
home for the second time in
less than three weeks.
The Rev. Fred L. Shuttles-
worth, a leader Of the Negro
indignation movement in Biz
mingham, said the youth was
cut down by a volley from
police who had been shooting
over the heads of Negroes to
diSperSe Them
Mr.. Shuttlesworth, who said
he was about 20 feet away
when the youth dropped, told
reporters the shooting was
probably accidental"
Bullets in Houses
But he said there was mo
justification for police shoot
ing a man" He said several
bullet holes were found in two
houses Of Negros after the
melee.
Police Inspector w. j. Haley,
who called the Negro rioting
irresponsible mob action" said
1t has not been confirmed that
the bullets which killed the
youth came from police guns.
Mr.. Shuttlesworth said Gov.
Wallace's attempts to maintain
segregation in the schools will
be fruitless in the end. But he
said he doesn't think the Gov
ernor is going to let Birming-
ham sit and be calm after he
has done so much to stir up
things"
He said Negroes are particu-