Evening star., 1963-05-19
WaIIace's Suit Challenges Troops
By the Associated Press

~
BY the Associated Press
Alabama's Gov. George Wal
lace has asked the United
States Supreme Court to pre-
vent President Kennedy from
using Federal troops to pre-
serve order in Alabama.
The United States and Sec
retary of Defense Mcnamara
were named as defendants yes
terday in suit asking both
temporary and permanent re-
straining orders against use Of
about 5000 soldiers ordered
into standby positions in Ala
bama last Sunday.
Gov. Wallace's suit was filed
a few hours before the segrega-
zionist Governor, who has de-
scribed Federal courts as
lousy" was to appear on the
same platform with Mr.. Ken
lnedy at Muscle Shoals, Ala, IN
q 30th anniversary observance
for the Tennessee Valley Au-
thority.
At the time he dispatched
the troops to Maxwell Air
Force Base at Montgomery and
Fort McC Clellan at Annistan, the
President said they would be
sent on into Birmingham If
there was recurrence Of racial
rioting such as rocked Ala
bama's largest city last week
end.
Challenges Kennedy
Gov. Wallace promptly de-
Inounced the move and accused |
President Kennedy of trying to |
set up a military dictatorship
in Alabama. Gov. Wallace in
sisted city, county and State
authorities could maintain or
der. He asserted Mr.. Kennedy
violated the Constitution by
sending the troops to Alabama
without a request to do so from |
the Governor or Legislature.
He made the same two basic
assertions in his suit yesterday.
In addition, the Governor
asked the court to declare un-
constitutional both a Federal
statute under which Mr.. Ken
nedy acted and the 14th
Amendment to the Constitu-
ton. The 14th, known as the
"due process" or equal pro-
lection" amendment, is the
foundation upon which the
bulk of civil rights litigation
is based.
Accuses Negroes
The petition sought to fixe
blame for the rioting on Negro
leaders, saying that on or be-
fore May IL Martin Luther
King, Fred Shuttlesworth, Fred
Abernathy, Wyatt T. Walker
and other Negroes had led or
melted unlawful parades and
racial demonstrations" in
Birmingham.
The men named are Negro
clergymen and leaders Of the
Southern Christian Leadership
Conference, which organized
the massive street demonstra-
tions that ended the day be-
fore the serious violence broke
out.
The petition took note Of the
bombings and the subsequent |
rioting, but said city, county
and State officials took "such
measures as were necessary to
suppress the domestic violence"
and are prepared to do so again
II necessary.
"AIl Citizens Of U. s.
In its comment on the suit,
the Justice Department said:
THE suit ignores the ma
tional character Of the United |
States. We are all citizens of a
State, but all of us are also
citizens Of the United States
and entitled to the protection |
OF the United States in the |
rights. privileges and immuni-
ties secured by It's Constitution |
and laws.
1T is the duty Of the Presi-
dent, when an emergency
arises. to take such action as
may be necessary TO preserve
order and safeguard all citi-
zens, both white and Negro, In
the exercise Of their constitu-
tional rights.
"The statute Invoked by
president Kennedy expressly
makes 1t his duty and respon-
sibility TO determine whether
Federal intervention is re-
quired. and its operation does
not depend upon a request for
assistance from State Off
cials.
mo Federal troops have
been used in Birmingham. We
sincerely hope they will never
be necessary. In view Of the
disturbances Of May IL and IL
and the events that preceded |
them. however. the President |
would have been derelict In his
duty TO protect the constitu-
tional rights Of all citizens II
he had not dispatched trained
units to Federal bases near
Birmingham where they would
have been available II the ne
cessity should arise.
I'VE feel strongly that these